State v. Smith’s Empirical Analysis
1944
Citation profile
76 state decisions
How this case has been cited
Cited by 76 later decisions — most recently February 1983 · most notably 6 Ohio St. 2d 14 - State v. Woodards (1966), State v. Collins (1972)
76 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. Strout
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . this court has in certain cases reviewed questions of law both on motion for a new trial and on appeal, even though exceptions were not taken. State v. Wright, 128 Me. 404 , 148 A. 141 ; State of Maine v. Mosley, 133 Me. 168 , 175 A. 307 ; Trenton v. Brewer, 134 Me. 295 , 186 A. 612 ; Springer v. Barnes, 137 Me. 17 , 14 A.2d 503 ; Megquier v. DeWeaver, 139 Me. 95 , 27 A.2d 399 , and Cox v. Metropolitan Life Ins. Co., 139 Me. 167 , 28 A.2d 143 . “Such review, however, is not compatible with best practice, and although there be error in an instruction, when no exception is taken, a new trial either on appeal or motion should not be granted unless, as stated in the above-cited cases, ‘error in law * * * was highly prejudicial * * * and well calculated to result in injustice,’ or ‘injustice would otherwise inevitably result,’ or ‘the instruction was so plainly wrong and the point involved so vital * * * that the verdict must have been based upon a misconception of the law,’ or ‘When it is apparent from a review of all the record that a party has not had that impartial trial to which under the law he is entitled * * * .’ We consider the foregoing applicable as well to an omission as to an erroneous instruction where no exception is taken. State v. Smith, 140 Me. 255, 285, 286 , 37 A.2d 246, 259 . “This rule has been applied in civil as well as criminal cases. Pierce v. Rodliff, 95 Me. 346 , 50 A. 32 ; Emery v. Fisher, 128 Me. 453 , 148 A. 677 ; . . . ” 135 A.2d at 277-278 ”
1 later decision quote this exact passagee.g. Horner v. Flynn
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.