State v. Gilbreath’s Empirical Analysis
1895
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently May 1977
10 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 Fooxe 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ This law imposes on the jury the duty of inflicting 'the punishment, nor has the court any right to fix the punishment, unless the jury disagree, or do not by their verdict inflict any punishment. But. the court in this case told the jury, in substance, that this was no part of their duty, and they had authority to bring in a general verdict. Whereas the power of the court, is merely contingent, not primary, and only to be exercised where a failure of duty, or a disagreement on the part of the jury, requires its exercise.””
1 later decision quote this exact passagee.g. State v. Hubbs
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.