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← 268 N.C. 105 - State v. Vaughan

State v. Vaughan’s Empirical Analysis

1966

Citation profile

24
cited by 24 later decisions
1
states following
May 2019
most recently cited

24 state decisions

How this case has been cited

Cited by 24 later decisions — most recently May 2019

24 state decisions

140196619701980199020002010decided

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. Birckhead · State v. Crocker · State v. . Bell · State v. Stinson · State v. . Mitchell

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

  1. ““ In 4 Am. Jur. 2d, Appeal and Error § 268, these statements appear: ‘As a general rule the prosecution cannot appeal or bring error proceedings from a judgment in favor of the defendant in a criminal case, in the absence of a statute clearly conferring that right.’ Again: ‘Statutes authorizing an appeal by the prosecution will be strictly construed.’ In 24 C.J.S., Criminal Law § 1659 (a), pp. 1028-1029, this statement appears: ‘While there is authority holding that statutes granting the state a right of review should be liberally construed, it is generally held that, being in derogation of the common law, they should be strictly construed, and that the authority conferred thereby should not be enlarged by construction.’ ””
    3 later decisions quote this exact passage
  2. ““(J)eopardy attaches when a defendant in a criminal prosecution is placed on trial: (1) on a valid indictment or information, (2) before a court of competent jurisdiction, (3) after arraignment, (4) after plea, and (5) when a competent jury has been empaneled and sworn to make true deliverance in the case.” . . . A motion for judgment as in case of nonsuit challenges the sufficiency of the State’s evidence to warrant its submission to the jury and to support a verdict of guilty of the criminal offense .charged in the warrant or indictment on which the prosecution is based. When the motion is allowed, and judgment is entered in accordance therewith, “such judgment shall have the force and effect of a verdict of ‘not guilty’ as to such defendant” as to the criminal offense charged in the warrant or indictment. G.S. 15-173 . . ..”
    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.