State v. Bogan’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If there be any evidence tending to prove the fact in issue, or which reasonably conduces to its conclusion as a fairly logical and legitimate deduction, and not merely such as raises a suspicion or conjecture in regard to it, the case should be submitted to the jury.” State v. Johnson, 199 N.C. 429, 431 , 154 S.E. 730, 731 . This quotation, as Higgins, J., said in State v. Stephens, supra, is just “another way of saying there must be substantial evidence of all material elements of the offense to withstand the motion to dismiss.” 244 N.C. at 383, 93 S.E. 2d at 433. It does not mean that the evidence, in the court’s opinion, excludes every reasonable hypothesis of innocence. Should the court decide that the State has offered substantial evidence of defendant’s guilt, it then becomes a question for the jury whether this evidence establishes beyond a reasonable doubt that defendant, and no other person, committed the crime charged. State v. Thompson, 256 N.C. 593 , 124 S.E. 2d 728 .”

   2 later decisions quote this exact passage
   e.g. State v. Wright · State v. Riera