110 Tex. Crim. 308 - McBride v. State’s Empirical Analysis
1928
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently March 2017
16 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 100 Tex. Crim. 147 - Hooper v. State · Dugan v. State · 75 Tex. Crim. 338 - House v. State · 107 Tex. Crim. 151 - Martin v. State
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The correct view, we think, is that there rests in the court the judicial discretion to control the statement and limit it to its proper scope, and that when an accused in a timely manner seeks to avail himself of the privilege of making an opening statement, and does not seek to abuse the privilege by commenting upon improper or inadmissible facts, converting it into argument or otherwise misusing it, it should be accorded, and when its denial, under these circumstances, is properly brought before this court for review, the denial will not be sanctioned. House v. State, 171 S.W. 206 ."”
1 later decision quote this exact passagee.g. Moore v. State“"... We have gone into this at some length in an effort to clarify our position upon this matter, in view of the fact that the opinions seem somewhat confusing both as to the rights of the state and the defendant in this matter. Where there are statutory directions, same should be obeyed by the state and the accused, and the accused should make his offered statement at the time and place set out in the statute, and the court should give the right to make it at such time."”
1 later decision quote this exact passagee.g. Moore v. State“We are of opinion that, the statute having expressly granted to the accused at a certain time and place in said procedure the right to make the statement, such right, if properly claimed, cannot be arbitrarily denied him. But, to avail himself of such right, he must either assert it in its proper order as laid down in the statute or else show good reason for not so doing.”
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.