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← 283 N.C. 154 - State v. Underwood

State v. Underwood’s Empirical Analysis

1973

Citation profile

28
cited by 28 later decisions
2
states following
March 2007
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently March 2007 · most notably State v. Blackwell (2006), State v. Williams (1981)

28 state decisions

1201973198019902000decided

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 Isserman v. Ethics Committee of Essex County Bar Ass'n · State v. Bass · State v. Hales · Miller v. State · Brewer v. North Carolina

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

  1. “A motion to quash can be properly allowed on the ground that the matter charged does not constitute a criminal offense. ... In ruling on a motion to quash, however, the court is not permitted to consider extraneous evidence, and when the defect must be established by evidence aliunde the record, the motion must be denied. [Citations omitted.]”
    2 later decisions quote this exact passage
  2. “[S]pecial verdicts are permissible in criminal cases[.]”
    2 later decisions quote this exact passage
  3. ““If an ordinance or statute upon which a warrant or indictment is based ‘is generally constitutional and for some circumstance peculiar to the situation of accused is unconstitutional that is a matter which is properly triable under the general issue or a plea of not guilty.’ 16 C.J.S. Constitutional Law § 96(b), at 344 (1956). Upon a motion to quash the judge may not hear evidence tending to show that the ordinance, valid on its face, is being enforced in a manner which deprives the defendant of his constitutional rights, find the facts, and determine the constitutional question upon his findings. In a criminal prosecution in which the defendant contests his guilt he may not ‘waive his constitutional right of trial by jury. . . . [T] he determinative facts cannot be referred to the decision of the court even by consent — they must be found by the jury.’ State v. Muse, 219 N.C. 226, 227 , 13 S.E. 2d 229 (1941) (citations omitted). See also State v. Hill, 209 N.C. 53 , 182 S.E. 716 (1935).””
    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.