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← 265 NC 344 - State v. Cox

State v. Cox’s Empirical Analysis

1965

Citation profile

5
cited by 5 later decisions
1
states following
April 2009
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently April 2009

5 state decisions

2019651970198019902000decided

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. . Muse · State v. . Holt · State v. Horne · State v. Dunston · Sitterson v. . Sitterson

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

  1. “On the face of the record there appears a fatal error which the Court will notice ex mero motu. This case is controlled by State v. Muse, 219 N.C. 226 , 13 S.E.2d 229 , in which the Court said: When a defendant in a criminal prosecution in the Superior Court enters a plea of not guilty he may not, without changing his plea, waive his constitutional right of trial by jury, the determinative facts cannot be referred to the decision of the court even by consent — they must be found by the jury. Since the guilt of defendant has not been established by a verdict, the sentence imposed by the judge is a nullity. No trial has been had. The case is remanded to the Superior Court for a trial by jury as the law provides.”
    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.