People v. Ross’s Empirical Analysis
1953
Citation profile
3 federal appellate · 20 state decisions
How this case has been cited
Cited by 23 later decisions — most recently April 2015
3 federal appellate · 20 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 People v. Newland · Curley v. United States · 39 Cal. 2d 719 - People v. Kirkes · People v. Braun · 31 Cal. 2d 92 - People v. Tuthill
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellant contends that, as a matter of law, . . . the circumstantial evidence was insufficient to warrant his conviction. But, as stated in People v. Huizenga, 34 Cal.2d 669, 675-676 [ 213 P.2d 710 ]: “ . . This contention confuses the function of court and jury by implying that if the court itself can formulate a reasonable theory of innocence from the evidence it must reverse a judgment of conviction. It is not for the court, however, to determine whether it can formulate such a theory. It must assume in favor of the verdict the existence of every fact that the jury could reasonably deduce from the evidence and then determine whether or not a reasonable jury could find the defendant guilty beyond a reasonable doubt. . . . Thus, “the rule that the circumstances relied upon by the prosecution must be consistent with guilt and inconsistent with an hypothesis of innocence is a rule of instruction for the jury, and is not the rule for the guidance of the court on review. (People v. Newland, supra [ 15 Cal.2d 678 ( 104 P.2d 778 )] at page 682.) The functions of the jury include the determination of the credibility of witnesses, the weighing of the evidence, and the drawing of justifiable inferences of fact from proven facts. It is the function of the judge to deny the jury any opportunity to operate beyond its province. The jury may not be permitted to conjecture merely or to conclude upon pure speculation or from passion, prejudice or sympathy. The critical point in this bound”
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.