47 N.C. App. 30 - State v. McNeil’s Empirical Analysis
1980
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently January 2010
21 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 Schmerber v. State of California · Rochin v. People of California · Holt v. United States · Fowler v. North Carolina · State v. Cameron
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Prior to selection of jurors, the judge must identify the parties and their counsel and briefly inform the prospective jurors, as to each defendant, of the charge, the date of the alleged offense, the name of any victim alleged in the pleading, the defendant’s plea to the charge, and any affirmative defense . . . The judge may not read the pleadings to the jury.”
2 later decisions quote this exact passage“[T]he State . . . must prove beyond a reasonable doubt the defendant took property belonging to Phillip W. Blake and that he carried it away from the place where it was lawfully kept, that is the dwelling house of Phillip W. Blake, [and] that the owner did not consent to the taking and carrying away of the property .... . . . The law is that “If and when it is established that a building has been broken into and entered and that the merchandise — and that merchandise has been stolen therefrom, the recent possession of such stolen merchandise raises presumptions of fact that the possessor is guilty of the larceny and of the breaking and entering.” ... I charge you that if you find from the evidence and beyond a reasonable doubt, that on or about the 10th day of February 1971, the defendant Maylon Theo Whitley, did take and carry away property, personal property, belonging to Phillip Blake, without the consent of the owner, Phillip Blake, from his dwelling house, after a breaking and entering or entering, with the intent to steal said property and that he was not entitled to take it; then it would be your duty to return a verdict of guilty of felonious larceny .... [Emphasis supplied.]”
1 later decision quote this exact passage“[W]e find that this prohibition [G.S. 15A-1213] against reading the pleadings to the jury is inapplicable to the judge’s jury charge. At that phase of the trial, ‘to infer that they [the jury] would be given a distorted view of the case by a mere reiteration of the charge couched in the words of the indictment would be illogical.’ State v. Laughinghouse, 39 N.C. App. 655, 658 , 251 S.E. 2d 667, 669 , cert. denied and appeal dismissed, 297 N.C. 615 , 257 S.E. 2d 438 (1979). [Emphasis supplied.]”
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.