State v. Beaver’s Empirical Analysis
1976
Citation profile
2 federal appellate · 84 state decisions
How this case has been cited
Cited by 86 later decisions — most recently April 2016 · most notably State v. Freeman (1985), State v. Pridgen (1985)
2 federal appellate · 84 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. Sparrow · Salley v. Fayetteville Coca-Cola Bottling Co. · State v. Britt · State v. Accor · State v. Davis
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the witness or witnesses will give newly discovered evidence; (2) the newly discovered evidence is probably true; (3) the evidence is material, competent and relevant; (4) due diligence was used and proper means were employed to procure the testimony at trial; (5) the newly discovered evidence is not merely cumulative or corroborative; (6) the new evidence does not merely tend to contradict, impeach or discredit the testimony of a former witness; and (7) the evidence is of such a nature that a different result will probably be reached at a new trial.”
9 later decisions quote this exact passage“[0]n or about the 17th day of November, 1976, in Forsyth County Marvin David Pennell unlawfully and wilfully did feloniously break and enter a building of Forsyth Technical Institute, belonging to the Board of Trustees, located at 2100 Silas Creek Parkway, Winston-Salem, North Carolina, which was used for the administrative building of the Institution. While inside the building, the defendant opened a safe by the use of dynamite. The defendant broke and entered the building with the intent to commit a felony therein, to wit; larceny, with the unlawful, wilful, and felonious intent to take, steal, and carry away the goods and chattels of Forsyth Technical Institute.”
1 later decision quote this exact passage“There are only two reasons for requiring ownership of the house to be stated in the indictment for burglary: (1) for the purpose of showing on the record that the house alleged to have been broken into was not the dwelling house of the accused, inasmuch as one cannot commit the offense of burglary by breaking into one’s own house, and (2) for the purpose of so identifying the offense as to protect the accused from a second prosecution for the same offense.”
1 later decision quote this exact passagee.g. State v. Blyther
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.