State v. Cousins’s Empirical Analysis
1976
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently April 2005 · most notably 65 N.C. App. 626 - Willoughby v. KENNETH W. WILKINS, MD, PA (1983), State v. Lester (1978)
30 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 Pope v. Nebraska · State v. Westbrook · State v. Foust · State v. Rowland · State v. Duboise
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Mr. Foreman and members of the jury, as indicated in the instructions yesterday, second degree murder is defined in law as the intentional, unlawful killing of a human being with malice. The State, to prove second degree murder, must prove that the act which proximately caused the death was intentional. It is not required to prove that the defendant had a specific intent to kill, but specifically intended to do the act which proximately caused the death. The killing of a human being is unlawful unless excused by some circumstances, and I instruct you that there are no circumstances in evidence which would excuse the killing. The State, to prove second degree murder, must prove by evidence beyond a reasonable doubt that two things, first, that the defendant intentionally and without malice pushed Ray Yancey over a bridge. Malice is hatred, ill will, or spite and is also that condition of mind which prompts a person to take the life of another person by an intentional act which proximately results in the death of that other person without just cause or excuse or wantonly to act in such a manner as to manifest depravity of mind, a heart devoid of a sense of social duty and a callous disregard for human life. And secondly, the State must prove beyond a reasonable doubt that the act of pushing Ray Yancey off the bridge was a prox imate cause of Yancey’s death. Proximate cause is real cause, cause without which Yancey would not have died. Voluntary manslaughter is the unlawful, int”
1 later decision quote this exact passagee.g. State v. Rogers“[w]hen a prosecutor enters into any arrangement authorized by this section, written notice fully disclosing the terms of the arrangement must be provided to defense counsel, or to the defendant if not represented by counsel, against whom such testimony is to be offered, a reasonable time prior to any proceeding in which the person with whom the arrangement is made is expected to testify. Upon motion of the defendant or his counsel on grounds of surprise or for other good cause or when the interests of justice require, the court must grant a recess.”
1 later decision quote this exact passage“We have long recognized that argument of counsel must be left largely in the discretion of the trialjudge and that counsel are entitled to a wide latitude in argument during a hotly contested case. Nevertheless counsel may not by his argument place before the jury incompetent and prejudicial matter not admissible into evidence ....”
1 later decision quote this exact passagee.g. State v. Bishop
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.