8 North Carolina opinions name it 2 courts 1972–2022 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Beck v. Alabamagreen2 sentences1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. 1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. | 2 | 3 |
State v. Gwynngreen2 sentences2022See generally id. 2022See generally id. | 2 | 2 |
State v. Stricklandgreen2 sentences1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. 1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Richardson
green
2 sentences1972(W)hen an offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to a prosecution for the other." Chief Justice Stacy in State v. Bell, 205 N.C. 225 , 171 S.E. 50 , stated the rule: "The principle to be extracted from well-considered cases is that by the term, `same offense,' is not only meant the same offense as an entity and designated as such by legal name, but also any integral part of such offense which may subject an offender to indictment and punishment. * * * When such i 1972(W)hen an offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to a prosecution for the other." Chief Justice Stacy in State v. Bell, 205 N.C. 225 , 171 S.E. 50 , stated the rule: "The principle to be extracted from well-considered cases is that by the term, `same offense,' is not only meant the same offense as an entity and designated as such by legal name, but also any integral part of such offense which may subject an offender to indictment and punishment. * * * When such i | 2 | 1972–1972 |
State v. Johnson
green
2 sentences1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. 1994State v. Strickland, 307 N.C. 274, 284-85 , 298 S.E.2d 645, 653 (1983), modified on other grounds by State v. Johnson, 317 N.C. 193 , 344 S.E.2d 775 (1986). “[D]ue process requires only that a lesser offense instruction be given ‘if the evidence would permit a jury rationally to find [defendant] guilty of the lesser offense and acquit him of the greater.’ ” Id. at 286 , 298 S.E.2d at 654 (quoting Beck v. Alabama, 447 U.S. 625, 635 , 65 L. | 1 | 1994–1994 |
State v. Gordon
green
2 sentences1986In State v. Gordon, 241 N.C. 356 , 85 S.E. 2d 322 (1955) Justice (later Chief Justice) Bobbitt analyzed the intent requirement for involuntary manslaughter as follows: When the killing with a deadly weapon is admitted or established, two presumptions arise: (1) that the killing was unlawful; (2) that it was done with malice; and an unlawful killing with malice is murder in the second degree. 1986In State v. Gordon, 241 N.C. 356 , 85 S.E. 2d 322 (1955) Justice (later Chief Justice) Bobbitt analyzed the intent requirement for involuntary manslaughter as follows: When the killing with a deadly weapon is admitted or established, two presumptions arise: (1) that the killing was unlawful; (2) that it was done with malice; and an unlawful killing with malice is murder in the second degree. | 1 | 1986–1986 |
State v. Birckhead
green
2 sentences1977In support of his argument, he cites State v. Birckhead, 256 N.C. 494 , 124 S.E. 2d 838 , 6 A.L.R. 3d 888 (1962). 1977In support of his argument, he cites State v. Birckhead, 256 N.C. 494 , 124 S.E. 2d 838 , 6 A.L.R. 3d 888 (1962). | 1 | 1977–1977 |
State v. . Bell
green
2 sentences1972(W)hen an offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to a prosecution for the other." Chief Justice Stacy in State v. Bell, 205 N.C. 225 , 171 S.E. 50 , stated the rule: "The principle to be extracted from well-considered cases is that by the term, `same offense,' is not only meant the same offense as an entity and designated as such by legal name, but also any integral part of such offense which may subject an offender to indictment and punishment. * * * When such i 1972(W)hen an offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to a prosecution for the other." Chief Justice Stacy in State v. Bell, 205 N.C. 225 , 171 S.E. 50 , stated the rule: "The principle to be extracted from well-considered cases is that by the term, `same offense,' is not only meant the same offense as an entity and designated as such by legal name, but also any integral part of such offense which may subject an offender to indictment and punishment. * * * When such i | 1 | 1972–1972 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.