57 N.C. App. 71 - State v. Jackson’s Empirical Analysis
1982
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 2012
10 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 Ohio v. Gallagher · State v. Bindyke · State v. Spencer · State v. Abernathy · State v. Sanders
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the requirement that defendant misapply funds which he “holds in trust” expresses the requirement distinctive to embezzlement that the defendant “received the property he embezzled in the course of his employment and by virtue of his fiduciary relationship with his principal.” . . . Although defendant’s possession of the entrusted property may be actual or constructive, even constructive possession of property requires “an intent and capability to maintain control and dominion” over it. The State’s theory . . . was that defendant’s authority to hire [instructors] . . . constituted holding state property in trust by virtue of defendant’s alleged “control” of funds[.] . . . [T]he State introduced no evidence to suggest defendant’s position ever gave him the capability ... to “maintain control and dominion” over any state funds at issue. We note defendant required his superiors’ ultimate approval to hire instructors. More important, the power entrusted to defendant to hire instructors did not in any event maintain control of the state funds CFTI eventually paid those instructors. The State’s expansive theory of “constructive possession” fails to distinguish between being entrusted with constructive possession of property and gaining the necessary possession by deception: only the former constitutes holding state property in' trust necessary for embezzlement under Section 14-91. . . . The cases cited by the State to support defendant’s possession are all distinguishable since in ”
2 later decisions 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.