116 Ind. App. 199 - Pooley v. State’s Empirical Analysis

Citation profile

3 federal appellate · 26 state decisions

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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... the overwhelming weight of authority indicates that `the question of the competency of a witness to testify, whether the objection is based on the ground of interest, relationship, infamy, or want of credit, incapacity to understand the nature of an oath, death of one of the parties to a contract, or other ground, comes too late when raised for the first time in the appellate court.' 3 C.J., Appeal and Error, § 740, p. 828, [4 C.J.S., Appeal and Error, § 294] and cases cited. Indiana seems to be in line with the majority rule." Pooley v. State, supra (1945), 116 Ind. App. 199, 204 , 62 N.E.2d 484 .”

   2 later decisions quote this exact passage
   e.g. Jones v. Indiana · Wedmore v. State

2. ““As against the single assignment of error that the decision of the court is contrary to law it makes little difference whether this evidence is considered or not as there is ample evidence in the record to sustain the court’s special findings without it and the facts so found unquestionably warrant the decision rendered.””

   1 later decision quote this exact passage
   e.g. Gayer v. State

3. “Unless the party objecting thereto can and does show that he was not guilty of laches in permitting a witness to testify without being sworn, and that the testimony of the witness was false on some material matter at issue, a new trial will not be awarded because of such irregularity.”

   1 later decision quote this exact passage
   e.g. Sweet v. State