State v. Freeman’s Empirical Analysis

Citation profile

3 federal appellate · 96 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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A verdict of murder in the first degree shows clearly that the jurors were not coerced, for they had the right to convict in the second degree. That they did not indicates their certainty of his guilt of the greater offense. The failure to instruct them that they could convict of manslaughter therefore could not have harmed the defendant.”

   8 later decisions quote this exact passage
   e.g. State v. Leach · State v. Singletary

2. ““Erroneous though the challenged instruction was, it does not entitle defendant to a new trial for, demonstrably, it was harmless. First, the verdict of murder in the first degree established that defendant had unlawfully killed Sawyer with malice, premeditation, and deliberation. State v. Moore, 275 N.C. 198 , 166 S.E. 2d 652 . Defendant assigns no error in the charge as it related to murder in the first or second degree. . . . Ordinarily, when the jury is instructed that it may find defendant guilty of murder in the first degree, murder in the second degree, manslaughter, or not guilty, and the verdict is guilty of murder in the second degree, an error in the charge on manslaughter will require a new trial. In such event it cannot be known whether the verdict would have been manslaughter if the jury had been properly instructed. But where, as here, the jury was properly instructed as to both degrees of murder and yet found defendant guilty of murder in the first degree rather than the second degree, it is clear that error in the charge on manslaughter was harmless. In State v. Munn, 134 N.C. 680 , 47 S.E. 15 , the jury found ‘that beyond all reasonable doubt the prisoner slew the deceased willfully, deliberately and with premeditation, and was guilty of murder in the first degree. The State (had) thus satisfied them of facts raising the crime above murder in the second degree, which only was presumed from the (intentional) killing with a deadly weapon. If there were error i”

   2 later decisions quote this exact passage
   e.g. State v. Fowler · State v. Hampton

3. ““ . . . (W)hen the burden rests upon an accused to establish an affirmative defense or to rebut the presumption of malice which the evidence has raised against him, the quantum of proof is to the satisfaction of the jury— not by the greater weight of the evidence nor beyond a reasonable doubt — but simply to the satisfaction of the jury. Even proof by the greater weight of the evidence — a bare preponderance of the proof — may be sufficient to satisfy the jury, and the jury alone determines by what evidence it is satisfied, (citation omitted.) If there be evidence sufficient to establish an affirmative defense or to rebut the presumptions which arise against the defendant when a killing results from his intentional use of a deadly weapon, ‘[T]he accepted formula and the one that should be used if risk of error is to be avoided, is that the defendant has the burden of proving his defense (or mitigation) “to the satisfaction of the jury— not by the greater weight of the evidence nor beyond a reasonable doubt — but simply to the satisfaction of the jury.’” Stansbury, N. C. Evidence § 214 (2d Ed. 1963). (Emphasis added.)””

   2 later decisions quote this exact passage
   e.g. State v. Hankerson · 14 N.C. App. 86 - State v. Richardson