64 N.C. App. 529 - State v. Keyes’s Empirical Analysis
1983
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2018
12 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 State v. Earnhardt · State v. Bright · State v. McNeil · State v. . Whitley · State v. McDonald.
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.
“The State offered no substantial evidence that either defendant had received the [property] by virtue of their fiduciary capacity. . . . [D]efendants[’ supervisor] testified that: I had never given them approval to purchase [items of property].... Nor had I given either of them authority to sell [the property], . . . The evidence shows that defendants may have had access to [the property], but there is no evidence that they received [the property] by the terms of their employment.”
2 later decisions quote this exact passage“There is a difference between having access to property and possessing property in a fiduciary capacity. Embezzlement is the fraudulent conversion of property by one who has lawfully acquired possession of it for the use and benefit of the owner, i.e., in a fiduciary capacity. Larceny is the fraudulent conversion of property by one who has acquired possession of it by trespass. The fact that a defendant is an employee of a business does not change theft of goods from larceny to embezzlement if the defendant never had lawful possession of the property.”
1 later decision quote this exact passage“(1) [T]hat the defendant was the agent of the prosecuting witness], and (2) by the terms of his employment had received property of his principal; (3) that he received it in the course of his employment; and (4) knowing it was not his own, converted it to his own.”
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.