36 N.C. App. 33 - State v. Hines’s Empirical Analysis
1978
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently March 2007
14 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 Rachal v. United States · Costello v. United States · State v. Agnew · State v. Davenport · 65 Cal. App. 2d 654 - People v. Talbott
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A criminal false pretense may be defined to be the false representation of a subsisting fact, whether by oral or written words or conduct, which is calculated to deceive, intended to deceive, and which does in fact deceive, and by means of which one person obtains value from another without compensation. S. v. Phifer, 65 N.C., 321 ; S. v. Whedbee, 152 N.C., 770 . In order to convict one of this crime the State must satisfy the jury beyond a reasonable doubt (1) that the representation was made as alleged; (2) that property or something of value was obtained by reason of the representation; (3) that the representation was false; (4) that it was made with intent to defraud; (5) that it actually did deceive and defraud the person to whom it was made. S. v. Whedbee, supra.”
1 later decision quote this exact passagee.g. State v. Cronin“Certainly, beginning with the statute codified as Potter’s Revisal of 1819, laws of 1811, Ch. 814 § 2, through the present G.S. 14-100, there is and has been no statutory requirement that the State must prove that the defendant obtained the goods, property, things of value, services, etc., without compensation to the victim. Nor has our research disclosed a case in which the question of the victim’s compensation was before the Court, although in some cases the victim received nothing at all, and in some the victim did receive some compensation of a sort. We conclude that the phrase “without compensation” has constituted obiter dictum in the cases where it has been used, and it is not an element of the offense of false pretense.”
1 later decision quote this exact passagee.g. State v. Cronin“The ultimate loss [or damage] to the victim ... is an issue which is irrelevant to the purpose of the criminal statute and is an issue properly within the province of the civil courts.”
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.