State v. Vance’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An alibi is simply a defendant’s plea or assertion that at the time the crime charged was perpetrated he was at another place and therefore could not have committed the crime. State v. Malpass, 266 N.C. 753 , 147 S.E. 2d 180 (1966); State v. Green, 268 N.C. 690 , 151 S.E. 2d 606 (1966). Hereafter, when a defendant offers evidence of alibi, he is entitled, upon request, to a charge substantially as follows: “An accused, who relies on an alibi, does not have the burden of proving it. It is incumbent upon the State to satisfy the jury beyond a reasonable doubt on the whole evidence that such accused is guilty. If the evidence of alibi, in connection with all the other testimony in the case, leaves the jury with a reasonable doubt of the guilt of the accused, the State fails to carry the burden of proof imposed upon it by law, and the accused is entitled to an acquittal.” State v. Minton, 234 N.C. 716, 726-27 , 68 S.E. 2d 844, 851 (1952); State v. Spencer, supra, at 489, 124 S.E. 2d at 177. When an instruction as to the legal effect of alibi evidence is given, whether by the court of its own motion or in response to request, such statement must be correct. . . .”

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

2. “. . . Neither was there prejudicial error in the trial court’s failure to give a similar instruction as to possibly interested State’s witnesses since defendant did not request such instruction on this subordinate feature of the trial. . . .”

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