90 N.C. App. 318 - State v. Dillard’s Empirical Analysis
1988
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 2018
17 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. Odom · State v. Hutchins · State v. Higginbottom · State v. Moorman · State v. Locklear
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“by force and against the victim's will[.]”
4 later decisions quote this exact passage“implied in law the elements of force and lack of consent so as to make the crime of rape complete upon the mere showing of sexual intercourse with a person who is asleep and therefore could not resist or give consent. The phrase “by force and against the will” used in the first and second-degree rape statutes and the first and second-degree sexual offense statutes means the same as it did at common law when it was used to describe some of the elements of rape. It makes no difference in the case of a sleeping or similarly incapacitated victim whether the State proceeds on the theory of a sexual act committed by force and against the victim’s will or whether it alleges an incapacitated victim; force and lack of consent are implied in law.”
2 later decisions quote this exact passage“`defendant... unlawfully, willfully and feloniously did engage in a sex offense with [victim's name] age 8, by force and against that victim's will. At the time of this offense the defendant was at least 12 years old and at least 4 years older than the victim.'”
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.