130 W. Va. 183 - State v. Smith’s Empirical Analysis
1947
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 1985
14 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 State v. Vest · Haldeman v. Davis · 121 W. Va. 170 - State v. Belcher · State v. Whitt · 99 W. Va. 689 - State v. Scaggs
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a word of art, necessarily used in a felony indictment * * *”
2 later decisions quote this exact passage“The fact that under Code, 62-3-14, a misdemeanor verdict may be returned and that the court may instruct the jury, as here, concerning only a misdemeanor conviction because in its judgment the evidence justifies that only, does not alter the fact that trial under an indictment drafted in the language of Code, 61-2-9, must be regarded as a felony prosecution; * * *.”
1 later decision quote this exact passage“However, in spite of the fact that no misdemeanor is mentioned in the section under which the indictment was drawn, plainly under the provisions of Code, 62-3-14, a verdict for a simple assault punishable as for a misdemeanor, and not based upon a finding of intention to permanently injure, is to be sustained.”
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.