Ewing v. United States’s Empirical Analysis
135 F.2d 633 · 1942
Citation profile
184 federal appellate · 9 district · 59 state decisions
How this case has been cited
Cited by 264 later decisions — most recently July 2011 · most notably United States v. Tarantino (1988), United States v. Barrett (1976)
184 federal appellate · 9 district · 59 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 Glasser v. United States · Alford v. United States · Shepard v. United States · District of Columbia v. Clawans · Hyde v. United States
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 264 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There are cases, especially older ones from other jurisdictions, which seem to require resistance to the victim’s ultimate physical powers in order to sustain conviction for this crime. But the law is no longer in this last-ditch stage. Whatever it may have been in other times, it is generally settled now that consent is not shown when the evidence discloses resistance is overcome by threats which put the woman in fear of death or grave bodily harm, or by these combined with some degree of physical force.”
2 later decisions quote this exact passage“[i]f by 'direct corroboration' is meant the testimony of an eyewitness, the result would be in most cases that conviction could not be had except upon the defendant's confession.”
2 later decisions quote this exact passage“We are aware that a conviction for this offense will be sustained upon the testimony of the injured party alone. But where the courts have so held, the circumstances surrounding the parties at the time were such as to point to the probable guilt of the accused, or, at least, corroborate indirectly the testimony of the prosecutrix.”
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.