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← 295 N.C. 147 - State v. Abernathy

State v. Abernathy’s Empirical Analysis

1978

Citation profile

107
cited by 107 later decisions
2
states following
February 1996
most recently cited

107 state decisions

How this case has been cited

Cited by 107 later decisions — most recently February 1996 · most notably State v. Irwin (1981), State v. Pinch (1982)

107 state decisions

820197819801990decided

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 Brady v. State of Maryland · United States v. Agurs · Giles v. State of Maryland · State v. Cutler · State v. Goines

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

  1. “A criminal conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act in an unlawful way or by unlawful means. State v. Bindyke, 288 N.C. 608 , 220 S.E. 2d 521 (1975). To constitute a conspiracy it is not necessary that the parties should have come together and agreed in express terms to unite for a common object; rather, a mutual, implied understanding is sufficient, so far as the combination or conspiracy is concerned, to constitute the offense. . . . The existence of a conspiracy may be established by direct or circumstantial evidence. “Direct proof of the charge [conspiracy] is not essential, for such is rarely ob tainable. It may be, and generally is, established by a number of indefinite acts, each of which, standing alone, might have little weight, but, taken collectively, they point unerringly to the existence of a conspiracy. . . State v. Whiteside, 204 N.C. 710 , 169 S.E. 711 (1933).”
    2 later decisions quote this exact passage
  2. “The rule is, that when an impeaching or sustaining character witness is called, he should first be asked whether he knows the general reputation and character of the witness or party about which he proposes to testify. This is a preliminary qualifying question which should be answered yes or no. If the witness answer it in the negative, he should be stood aside without further examination. If he reply in the affirmative, thus qualifying himself to speak on the subject of general reputation and character, counsel may then ask him to state what it is. This he may do categorically, ie., simply saying that it is good or bad, without more, or he may, of his own volition, but without suggestion from counsel offering the witness, amplify or qualify his testimony, by adding that it is good for certain virtues or bad for certain vices.”
    2 later decisions quote this exact passage
  3. “A criminal conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act in an unlawful way or by unlawful means. [Citation omitted.] To constitute a conspiracy it is not necessary that the parties should have come together and agreed in express terms to unite for a common object: “ ‘A mutual, implied understanding is sufficient, so far as the combination or conspiracy is concerned, to constitute the offense.’ ” [Citations omitted.] ... As soon as the union of wills for the unlawful purpose is perfected, the offense of conspiracy is completed.”
    2 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.