118 Ga. App. 464 - Smith v. State’s Empirical Analysis
1968
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently April 1999
8 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 Bland v. State · Fitzgerald v. State · 97 Ga. App. 468 - Ingram v. State · Davis v. State · 110 Ga. App. 401 - Brown 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same; and, on objection made, he shall also rebuke the counsel, and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may order a mistrial if the plaintiff's attorney is the offender.' Code § 81-1009. `In the trial of a criminal case, counsel for the State should refrain from making any argument that might be calculated to unfairly influence the jury in arriving at its verdict.' Bland v. State, 210 Ga. 100, 107 ( 78 SE2d 51 ). `It is error to allow, over objection of the defendant, prejudicial and irrelevant matter to go before the jury in a trial, which tends to place his character and conduct before the jury, where the nature of the case does not involve such character.' Fitzgerald v. State, 184 Ga. 19 ( 190 SE 602 ) and see Harris v. State, 183 Ga. 106 ( 187 SE 669 ); Josey v. State, 89 Ga. App. 215 ( 79 SE2d 64 ). Nor will a mere apology and withdrawal of the remark by counsel, where there is no reprimand by the court, be sufficient to prevent a mistrial if it appears that the remarks were such as to prejudice a fair trial.”
1 later decision quote this exact passage“Proof of the corpus delicti and plenary confession are sufficient to sustain a conviction. [Cits.].” Smith v. State, 118 Ga. App. 464, 467 ( 164 SE2d 238 ).”
1 later decision quote this exact passagee.g. Minor v. State
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.