State v. Battle’s Empirical Analysis

Citation profile

82 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Decision on the plea of former jeopardy depends upon the validity of the mistrial order. Unless that order can be upheld, jeopardy attached, and the plea would be good. If the order is valid, the plea is not good. For obvious reasons the rule against a mistrial finds its maximum rigidity in capital cases. A more flexible rule applies in cases of less gravity. ‘The ordering of a mistrial in a case less than capital is a matter in the discretion of the judge, and the judge need not find facts constituting the reason for such order.’ ... ‘We conclude that the trial judge in cases less than capital may, in the exercise of sound discretion, order a mistrial before verdict, without the consent of the defendant, for physical necessity such as the incapacitating illness of judge, juror or material witness. . . . His order is not reviewable except for gross abuse of discretion, and the burden is upon defendant to show such abuse.’ . . . The incapacitating illness of the only counsel for one defendant, which developed after the trial began, is within the rule. The order withdrawing a juror, declaring a mistrial, and continuing the case to the next session of the court was valid. Hence the plea of former jeopardy was properly denied.””

   3 later decisions quote this exact passage
   e.g. 9 N.C. App. 71 - State v. Preston · State v. Raynor

2. “‘In case of a specific question, objection should be made as soon as the question is asked and before the witness has time to answer. Sometimes, however, inadmissibility is not indicated by the question, but becomes apparent by some feature of the answer. In such cases the objection should be made as soon as the inadmissibility becomes known, and should be in the form of a motion to strike out the answer or the objectionable part of it.’ Stansbury, Evidence, § 27, p. 51, citing Gibson v. Whitton, 239 N.C. 11 , 79 S.E. 2d 196 . McIntosh, 2d Ed., N. C. Practice and Procedure, § 1533, states the rule: ‘Where a party has failed to object to evidence at the proper time, he may still ask the court to strike it out.’”

   1 later decision quote this exact passage
   e.g. State v. Chatman