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← 293 N.C. 633 - State v. Palmer

State v. Palmer’s Empirical Analysis

1977

Citation profile

123
cited by 123 later decisions
1
states following
March 2019
most recently cited

2 federal appellate · 121 state decisions

How this case has been cited

Cited by 123 later decisions — most recently March 2019 · most notably 186 N.C. App. 57 - State v. Smith (2007), State v. Riddick (1986)

2 federal appellate · 121 state decisions

38019771980199020002010decided

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. Greer · State v. Riera · State v. Wrenn · State v. Thacker · State v. Cauley

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

  1. “(Emphasis added). As Defendant correctly argues in his brief: [I]t is sufficient for indictments ... seeking to charge a crime in which one of the elements is the use of a deadly weapon (1) to name the weapon and (2) either to state expressly that the weapon used was a”
    5 later decisions quote this exact passage
  2. “A deadly weapon is not one that must kill. It is an instrument which is likely to produce death or great bodily harm, under the circumstances of its use. Some weapons are per se deadly, e.g., a rifle or pistol: others, owing to the great and furious violence and manner of use, become deadly. ‘The deadly character of the weapon depends sometimes more upon the manner of its use and the condition of the person assaulted than upon the intrinsic character of the weapon itself.’ Where the deadly character of the weapon is to be determined by the facts and circumstances, the relative size and condition of the parties and the manner in which it is used, it becomes a question for the jury under proper instructions from the court.”
    4 later decisions quote this exact passage
  3. ““ ‘Where the alleged deadly weapon and the manner of its use are of such character as to admit of but one conclusion, the question as to whether or not it is deadly within the foregoing definition is one of law, and the Court must take the responsibility of so declaring. . . . But where it may or may not be likely to produce fatal results, according to the manner of its use, or the part of the body at which the blow is aimed, its alleged deadly character is one of fact to be determined by the jury.’ (Citation omitted.)” If there is a conflict in the evidence regarding either the nature of the weapon or the manner of its use, with some of the evidence tending to show that the weapon used or as used would not likely produce death or great bodily harm and other evidence tending to show the contrary, the jury must, of course, resolve the conflict.”
    3 later decisions 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.