State v. Cooper’s Empirical Analysis

Citation profile

3 federal appellate · 68 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * When the State satisfies the jury from the evidence beyond a reasonable doubt that the defendant intentionally shot the deceased or the defendant admits that he intentionally shot the deceased, and thereby proximately caused his death, it raises two presumptions against him: (1) That the killing was unlawful, and (2) that it was done with malice. This constitutes the felony of murder in the second degree. S. v. Gregory, 203 N.C. 528 , 166 S.E. 387 ; S. v. Wagoner, 249 N.C. 637 , 107 S.E. 2d 83 ; S. v. Phillips, 264 N.C. 508 , 142 S.E. 2d 337 ; 2 Strong, N.C. Index, Homicide, § 13. The intentional use of a deadly weapon as a weapon, when death proximately results from such use, gives rise to the presumptions. S. v. Gordan, 241 N.C. 356 , 85 S.E. 2d 322 ; S. v. Phillips, supra. When the presumption from the intentional use of a deadly weapon obtains, the burden is upon defendant to show to the satisfaction of the jury the legal provocation that will rob the crime of malice and thus reduce it to manslaughter or that will excuse it altogether upon the grounds of self-defense. S. v. Mangum, supra [ 245 N.C. 323 , 96 S.E. 2d 39 ]; S. v. McGirt, 263 N.C. 527 , 139 S.E. 2d 640 ; S. v. Todd, 264 N.C. 524 , 142 S.E. 2d 154 . When defendant rebuts the presumption of malice only, the presumption that the killing was unlawful remains, making the crime manslaughter. 2 Strong, N.C. Index, Homicide, § 13. It was incumbent upon defendant upon a plea of self-defense to satisfy the jury ”

   5 later decisions quote this exact passage
   e.g. State v. Williams · State v. Williams

2. ““While defendant was in the kitchen, Sanders came up behind him playing and hit him on his back. He told Sanders, ‘Stop playing so much, when you’re drunk you act like a little child.’ A little later he heard Sanders say ‘M. F., I don’t like you noway.’ He looked around and saw Sanders coming on him with a knife. Then Sanders said, ‘Another G. D. word, I am going to pull your head off.’ Defend ant was back in the corner and saw Sanders coming toward him with a knife in his hand. He shot into the floor with a pistol he carried hanging out of his hip pocket for protection. After this shot it seemed like Sanders was coming on a little faster, and he shot at him three, or four more times hitting him in the hand and in the stomach. He was afraid of Sanders and knew if he got to him with that knife he would cut him. He shot him in order to defend himself. After he shot him the last time, Sanders looked at him, kind of half-way laughed, turned around, walked back to the door, fell across two chairs, and then rolled over on the floor.””

   1 later decision quote this exact passage
   e.g. Gardner v. Forister

3. “. . . the State must bear the burden throughout the trial of proving each element of the crime charged including, where applicable, malice and unlawfulness beyond a reasonable doubt. ... If, after the mandatory presumptions [of malice and unlawfulness] are raised, there is no evidence of a heat of passion killing on sudden provocation and no evidence that the killing was in self-defense, Mullaney permits and our law requires the jury to be instructed that defendant must be convicted of murder in the second degree. ... If there is evidence in the case of all the elements of self-defense, the mandatory presumption of unlawfulness disappears but the logical inferences from the facts proved may be weighed against this evidence. If upon considering all the evidence, including the inferences and evidence of self-defense, the jury is left with a reasonable doubt as to the .existence of unlawfulness it must find the defendant not guilty.”

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