140 W. Va. 362 - State v. King’s Empirical Analysis
1954
Citation profile
12 federal appellate · 16 state decisions
How this case has been cited
Cited by 28 later decisions — most recently November 2016 · most notably Askins v. United States (1958), Chaifetz v. United States (1960)
12 federal appellate · 16 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 131 W. Va. 195 - State v. Craft · 26 Ala. App. 376 - Spears v. State · Letcher v. State · 39 Cal. App. 244 - People v. Meyers · 111 W. Va. 196 - Vorholt v. Vorholt
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The provision of Code, 61-11-9, which provides that ‘A prosecution for a misdemeanor shall be commenced within one year after the offense was committed,* * * ’, read in pari materia with Code, 62-2-1, which provides that ‘Prosecutions for offenses against the State, unless otherwise provided, shall be by presentment or indictment’ serves to bar a conviction of a misdemeanor had under an indictment for a felony, which embraces the misdemeanor, where the indictment was not returned within one year after the offense charged therein was committed,”
2 later decisions quote this exact passage“If a person indicted for a felony be by the jury acquitted of part and convicted of part of the offense charged, he shall be sentenced by the court for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor.”
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.