Public-domain · open source
OpenJurist
← 264 N.C. 134 - State v. Jones

State v. Jones’s Empirical Analysis

1965

Citation profile

78
cited by 78 later decisions
1
states following
January 2017
most recently cited

78 state decisions

How this case has been cited

Cited by 78 later decisions — most recently January 2017 · most notably State v. Stepney (1972), State v. Redfern (1976)

78 state decisions

300196519701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Marshall Norman Hicks · State v. Cooper · State v. . Friddle · State v. Stinson · State v. Brown

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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““G.S. 14-54, as amended, defines a felony and defines a misdemeanor. The unlawful breaking or entering of a building de scribed in this statute is an essential element of both offenses. The distinction rests solely on whether the unlawful breaking or entering is done ‘with intent to commit a felony or other infamous crime therein.’ Hence, the misdemeanor must be considered ‘a less degree of the same crime,’ an included offense, within the meaning of G.S. 15-170. “ ‘The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed. The presence of such evidence is the determinative factor.’ S. v. Hicks, 241 N.C. 156, 159 , 84 S.E. 2d 545 . Cf. S. v. Summers, 263 N.C. 517 , 139 S.E. 2d 627 .””
    3 later decisions quote this exact passage
  2. “[f]elonious intent is an essential element of the felony defined in N.C. Gen. Stat. § 14-54 , and it ' "must be alleged and proved, and the felonious intent proven, must be the felonious intent alleged[.]”
    2 later decisions quote this exact passage
  3. ““§ 14-54. Breaking into or entering houses otherwise than bur-glariously. — If any person with intent to commit a felony or other infamous crime therein, shall break or enter either the dwelling house of another otherwise than by a burglarious breaking; or any storehouse, shop, warehouse, bankinghouse, countinghouse or other building where any merchandise, chattel, money, valuable security or other personal property shall be; or any uninhabited house, he shall be guilty of a felony, and shall be imprisoned in the State’s prison or county jail not less than four months nor more than ten years. Where such breaking or entering shall be wrongfully done without intent to commit a felony or other infamous crime, he shall be guilty of a misdemeanor.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.