128 W. Va. 166 - State v. Foley’s Empirical Analysis
1945
Citation profile
64 state decisions
How this case has been cited
Cited by 66 later decisions — most recently November 2008 · most notably 156 W. Va. 385 - State v. Smith (1972), 137 W. Va. 1 - State v. Blankenship (1952)
64 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 124 W. Va. 4 - State v. Friedman · State v. Doris · Saylor v. Commonwealth · State v. Clark · 127 W. Va. 197 - State v. McMillion
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘Where [in a trial by jury] there is competent evidence tending to support a pertinent theory in the case, it is the duty of the trial court to give an instruction presenting such theory when requested to do so.’ Syl. pt. 3, State v. Foley, 128 W.Va. 166 , 35 S.E.2d 854 (1945). 10”
3 later decisions quote this exact passage“‘Where, in a trial for murder, there is competent evidence tending to show that the accused believed, and had reasonable grounds to believe, that he was in danger of losing his life or suffering great bodily harm at the hands of several assailants acting together, he may defend against any or all of said assailants, and it is reversible error for the trial court to refuse to instruct the jury to that effect.’”
2 later decisions quote this exact passage“Whether [defendant] had a license to carry a pistol on the occasion he was armed is not relevant in the least to the common law right to arm for self-defense.”
1 later decision quote this exact passagee.g. Mayes 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.