49 N.C. App. 103 - State v. Chapman’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant is indicted for a criminal offense, he may be convicted of the charged offense or a lesser included offense when the greater offense charged in the bill of indictment contains all of the essential elements of the lesser, all of which could be proved by proof of the allegations in the indictment. Further, when there is some evidence supporting a lesser included offense, a defendant is entitled to a charge thereon even when there is no specific prayer for such instruction, and error in failing to do so will not be cured by a verdict finding a defendant guilty of a higher degree of the same crime.”

   2 later decisions quote this exact passage
   e.g. State v. White · 55 N.C. App. 666 - State v. Whitaker

2. “[T]he court [in John] viewed the struggle between the defendant and the victim as “fairly imputable to an effort on the part of the prisoner to get loose from [the victim’s] grasp and make his escape.” [John] at 169. The holding in John indicates that in this State, the defendant’s use of force or intimidation must necessarily precede or be concomitant with the taking before the defendant can properly be found guilty of armed robbery. That is, the use of force or violence must be such as to induce the victim to part with his or her property. This rule appears to be in accord with the majority of jurisdictions.”

   1 later decision quote this exact passage
   e.g. 77 N.C. App. 338 - State v. Hope