State v. Perelli’s Empirical Analysis
1939
Citation profile
3 federal appellate · 62 state decisions
How this case has been cited
Cited by 67 later decisions — most recently June 2009 · most notably State v. John (1989), State v. Smith (1977)
3 federal appellate · 62 state decisions — followed in 11 states
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 State v. Smith · Drazen v. New Haven Taxicab Co. · State v. Jones · State v. Schleifer · Neff v. Neff
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule as laid down in the earlier cases justified the admission of testimony of a deceased witness as to his intentions on the ground that it was part of the res gestae (Douglas v. Chapin, 26 Conn. 76 , 92; State v. Hayden, 1 Ky. Law Rep. 71 ; State v. Smith, 49 Conn. 376 , 381) but was restated in the Journey case, 115 Conn. page 351, 161 Atl. page 517, as follows: `A declaration indicating a present intention to do a particular act in the immediate future, made in apparent good faith and not for self-serving purposes, is admissible to prove that the act was in fact performed. It is admissible, not as a part of the res gestae, but as a fact relevant to a fact in issue.' This is in accordance with the more modern and better reasoned doctrine. [ 113 A.L.R. 288 , note; 3 Wigmore, Evidence (2 Ed.) sec. 1725.] The rule itself is more important than the theory on which it is founded. [State v. Farnam, 82 Or. 211 , 161 P. 417 , Ann. Cas. 1918A, 318.] The underlying, essential characteristic of all the numerous cases admitting such evidence (see the A.L.R. note, supra) is that the statement must refer to the intention, design or state of mind of the declarant. Those parts of the statements referring to the acts and intentions past and present, of the defendants were pure hearsay as to them, made by a person not subject to cross-examination, and are not within the exception to the hearsay rule defined in the Journey case.”
1 later decision quote this exact passagee.g. State v. Benson“`[w]hile it is always competent for a respondent to give evidence tending to show that another committed the crime of which he is charged... it is not enough to show merely that another had a motive to commit it.'”
1 later decision quote this exact passagee.g. State v. Marshall
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.