28 N.C. App. 376 - State v. Browning’s Empirical Analysis
1976
Citation profile
43 state decisions
How this case has been cited
Cited by 45 later decisions (2 by the Supreme Court) — most recently January 2014 · most notably United States v. Dunn (1987), 40 Md. App. 382 - Gainer v. State (1978)
43 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Johnson · State v. Frizzelle · State v. Absher · State v. . Absher
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [A] person is not obliged to retreat when assaulted while in his [or her] dwelling house or within the curtilage thereof, whether the assailant be an intruder or another lawful occupant of the premises.”
3 later decisions quote this exact passage“'at least the yard around the dwelling house as well as the area occupied by barns, cribs, and other outbuildings'”
2 later decisions quote this exact passage“In regard to the duty to retreat our courts have stated: [W]hen a person who is free from fault in bringing on a difficulty, is attacked in his own home or on his own premises, the law imposes on him no duty to retreat before he can justify his fighting in self-defense, regardless of the character of the assault, but is entitled to stand his ground, to repel force with force, and to increase his force, so as not only to resist, but also to overcome the assault and secure himself from all harm. This, of course, would not excuse the defendant if he used excessive force in repelling the attack and overcoming his adversary.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.