State v. Hartsock’s Empirical Analysis

Citation profile

14 state decisions

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.

1. ““. . . The case at bar is where in addition to fully instructing the jury as to the crime the court gave the jury an additional instruction concerning a crime not included in the charge, and which the defendant had no reason to believe would be given. R. S. 62-1447 requires that the court in charging the jury must state to it all matters of law which are necessary for its information in reaching its verdict. The criminal feature of carrying a concealed weapon was not necessary for the information and instruction of the jury in this case in arriving at its verdict. It was excused in the Post case when it was distinctly made to apply only to the evidence as showing an intention, and the jury was warned therein that the defendant was not on trial for carrying a concealed weapon. “A number of decisions of this court make it incumbent upon the defendant to propose or request instructions along certain lines and theories, but our attention has not been directed to any cases where this duty is imposed upon the defendant concerning an instruction as to a crime not charged in the information. Neither would it seem to be necessary for defendant to request the modification of an instruction giving an abstract statement of law not related to the crime charged.” (pp. 431, 432.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Booker

2. ““You are instructed that it is against the laws of the State of Kansas for one not an officer of the law or a deputy under such officer, to carry on their person in a concealed manner a pistol or any other deadly weapon. “You are further instructed that the defendant in this case, Edna Mae Booker, is not on trial for carrying a concealed weapon. Evidence purporting to show she did carry a concealed weapon can be considered by you only for the purpose of determining defendant’s intention in carrying the weapon.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Booker

3. “As this conclusion requires a reversal of the judgment and the granting of a new trial, it is unnecessary to consider the other assignments of error.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jones