132 W. Va. 322 - State v. Simon’s Empirical Analysis
1949
Citation profile
65 state decisions
How this case has been cited
Cited by 65 later decisions — most recently June 2008 · most notably 158 W. Va. 905 - State v. Starr (1975), 133 W. Va. 584 - State v. Lewis (1949)
65 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. Taylor · 103 W. Va. 641 - State v. Boggs · 108 W. Va. 254 - State v. Rush · State v. Chisnell · 103 W. Va. 237 - State v. Hively
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The discretion of the trial court in ruling on the propriety of argument by counsel before the jury will not be interfered with by the appellate court, unless it appears that the rights of the complaining party have been prejudiced, or that manifest injustice resulted therefrom.”
4 later decisions quote this exact passage““In a criminal case, where the defendant has exercized his right not to testify, statements of the prosecuting attorney, in his argument of the case before the jury, that there had been no denial of the testimony introduced by the State, without specific reference to the failure of the defendant to testify, does not come within the inhibition of Code, 57-3-6, ....””
2 later decisions quote this exact passage“the matter of suspending sentence or placing the defendant on probation was within the discretion of the trial court”
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.