State v. Birckhead’s Empirical Analysis

Citation profile

123 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . (W)hen an offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to a prosecution for the other."”

   3 later decisions quote this exact passage
   e.g. State v. Stepney · State v. Richardson

2. ““The two kinds of necessity, i.e., ‘physical necessity’ and the ‘necessity of doing justice’ were so classified by Boyden, J., in S. v. Wiseman, 68 N.C. 203 . As to ‘physical necessity,’ he said: ‘One class may not improperly be termed physical and absolute; as where a juror by a sudden attack of illness is wholly disqualified from proceeding with the trial; or where the prisoner becomes insane during the trial, or where a female defendant is taken in labor during the trial.’ As to ‘necessity of doing justice,’ he said that this arises from the duty of the court to ‘guard the administration of justice from fraudulent practices; as in the case of tampering with the jury, or keeping back the witnesses on the part of the prosecution.’ “It will be observed that ‘the necessity of doing justice’ is not an expression connoting a vague generality but one that relates to a limited subject, namely, the occurrence of some incident of a nature that would render impossible a fair and impartial trial under the law. In S. v. Wiseman, supra, the basis for mistrial was ‘tampering with the jury.’ In S. v. Bell, 81 N.C. 591 , and in S. v. Washington, 89 N.C. 535 , 45 Am. Rep. 700 , a juror had fraudulently procured himself to be put on the jury for the purpose of acquiting the defendant in a trial for murder. In S. v. Cain, 175 N.C. 825 , 95 S.E. 930 , a juror had given a false answer to the solicitor bearing upon his fitness and qualifications to serve as a juror. ...””

   2 later decisions quote this exact passage
   e.g. State v. Sanders · State v. Cutshall

3. ““It is well settled, and admits of no controversy, that in all cases, capital included, the court may discharge a jury and order a mistrial when it is necessary to attain the ends of justice. It is a matter resting in the sound discretion of the trial judge, but in capital cases he is required to find the facts fully and place them upon record so that upon a plea of former jeopardy, as in this case, the action of the court may be reviewed.””

   2 later decisions quote this exact passage
   e.g. State v. Lachat · State v. Cutshall