4 N.C. App. 422 - State v. Bertha’s Empirical Analysis

Citation profile

17 state decisions

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

1. “. . . [B]ut as I recall the testimony of Ella Mae Blakeney, she saw these two defendants standing in bushes at the rear of the apartment house with this television set and the iron in their possession and that she saw them take it to this abandoned house. Now, members of the jury, if you find those to be the facts from the evidence and beyond a reasonable doubt, the court instructs you that would constitute recent possession in this case. (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. State v. Coward

2. “Generally, an inadvertence in recapitulating the evidence must be called to the trial court’s attention in time for correction, otherwise it is waived. However, an instruction containing a statement of a material fact not shown in evidence must be held prejudicial even though not called to the court’s attention at the time. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. State v. Carruthers