State v. Colson’s Empirical Analysis

Citation profile

216 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 216 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . ‘Judges do not preside over the courts as moderators, but as essential and active factors or agencies in the due and orderly administration of justice. It is entirely proper, and sometimes necessary, that they ask questions of a witness so that the “truth, the whole truth, and nothing but the truth” be laid before the jury.’ Eekhout v. Cole, 135 N.C. 583 , 47 S.E. 655 . We have examined the questions by the judge to which exception was taken, and in our opinion no prejudice resulted from them. The questions served only to clarify and promote a proper understanding of the testimony of the witnesses and did not amount to an expression of opinion by the judge. State v. Carter, 233 N.C. 581 , 65 S.E. 2d 9 ; State v. Grundler, 251 N.C. 177 , 111 S.E. 2d 1 .””

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Howard · 187 N.C. App. 305 - State v. Britt

2. ““ . . . That belated constitutional question was injected for the first time on appeal to the Court of Appeals and therefore came too late. It was not properly before that court and is not now properly before us. ‘The attempt to smuggle in new questions is not approved. Irvine v. California, 347 U.S. 128, 129 . Appellate courts will not ordinarily pass upon a constitutional question unless it affirmatively appears that such question was raised and passed upon in the trial court. State v. Jones, 242 N.C. 563, 564 , 89 S.E. 2d 129 . This is in accord with the decisions of the Supreme Court of the United States. Edelman v. California, 344 U.S. 357, 358 .’ State v. Grundler, 251 N.C. 177 , 111 S.E. 2d 1 (1959). Accord, State v. Colson, 274 N.C. 295 , 163 S.E. 2d 376 (1968).””

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Mitchell · City of Durham v. Manson

3. ““The term ‘search/ as applied to searches and seizures, is an examination of a man’s house or other buildings or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he is charged. As used in this connection the term implies some exploratory investigation, or an invasion and quest, a looking for or seeking out. * * * ””

   3 later decisions quote this exact passage
   e.g. State v. Ratliff · State v. Cherry