50 N.C. App. 206 - State v. Tyner’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. ““The gravamen of the offense of solicitation to commit a felony lies in counseling, enticing, or inducing another to commit a crime, (citation omitted) The offense of solicitation is complete with the act of solicitation, even though there never could be acquiescence in the scheme by the one solicited, (citation omitted) and even where the solicitation is of no effect. (citation omitted) Attempt to commit a felony, on the other hand, involves an intent to commit the felony indicated and an overt act done for that purpose which goes beyond mere preparation but falls short of the completed offense. . . . In our view, solicitation to commit a felony and attempt to commit a felony are two separate and distinct offenses. The crime of solicitation, unlike attempt, does not involve an overt act toward the commission of the underlying felony, as the crime of solicitation is complete with the mere act of ‘enticing or inducing.’ ” Id. at 207, 272 S.E. 2d at 627 .”

   1 later decision quote this exact passage
   e.g. 56 N.C. App. 721 - State v. Huff

2. “[s]olicitation, unlike attempt, requires 'enticing or inducing' another to commit a crime.”

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