State v. Moore’s Empirical Analysis

Citation profile

190 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 190 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Malice is not only hatred, ill-will, or spite, as it is ordinarily understood —to be sure that is malice —but it also means that condition of mind which prompts a person to take the life of another intentionally without just cause, excuse, or justification. It may be shown by evidence of hatred, ill-will, or dislike, and it is implied in law from the killing with a deadly weapon; and a pistol or a gun is a deadly weapon.”

   2 later decisions quote this exact passage
   e.g. State v. Batts · State v. Fleming

2. “In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and to confront the accusers and witnesses with other testimony....”

   2 later decisions quote this exact passage
   e.g. 119 N.C. App. 654 - Matter of Stradford · State v. Payne

3. ““The reason for the rule was stated by Stacy, C.J., in State v. DeGraffenreid, 223 N.C. 461, 463-64 , 27 S.E. 2d 130 , 132: ‘(T)he defendant is entitled to have the different views presented to the jury, under a proper charge, and an error in respect of the lesser offense is not cured by a verdict convicting the defendant of a higher offense charged in the bill of indictment, for in such case it cannot be known whether the jury would have convicted of a lesser degree of the same crime if the different views, arising on the evidence, had been correctly presented by the trial court.’ ””

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