People v. . Gardner’s Empirical Analysis
1894
Citation profile
17 federal appellate · 2 district · 97 state decisions
How this case has been cited
Cited by 125 later decisions (2 by the Supreme Court) — most recently November 2016 · most notably Osborn v. United States (1967), Albert Adams v. People of the State of New York (1904)
17 federal appellate · 2 district · 97 state decisions — followed in 22 states
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 People v. . Moran · State v. Wilson · People v. Stites · Hamilton v. State · People v. Lawton
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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““He was bound to be in court, and in the presence of the jury, the recorder, and the witnesses who might be there. The recorder, the jurors, and the witnesses had the right to see him, and he had the right to see them. It was necessary that he should be identified as the person named in the indictment and charged with the crime. His mere standing up did not identify him with the alleged crime, and did not disclose any act connected with the crime. There was nothing on his person or in his appearance that in any way connected him with the crime, or furnished any evidence whatever of his guilt. Suppose he had come into court with his face veiled, could not the recorder compel him to remove the veil, that his face might be seen? Could he not compel him to remove his hat? to stand or sit in the prisoner’s dock? In the examination of the witness, could not the district attorney have pointed to the defendant and asked the witness whether he was the person he had seen with Mrs. Amos? Instead of compelling the defendant to stand up, could not the recorder have directed the witness to go to the place where he was, and look at him with the view of identifying him? If all these things could be done without violating the rights of the prisoner, how is it possible to say that he was harmed, or that his constitutional right was invaded, by compelling him to stand up for the purpose of identification?” (Emphasis added)”
1 later decision quote this exact passagee.g. Emerson v. State“an act'- done with intent to commit the. crime of extortion, and- it tended, but failed, to effect its commission, and,' therefore, the act Was plainly within the statute an attempt to commit, the crime. The condition. of Mrs. Amos’ mind was unknown to,the defendant. If it had been such as. he supposed, the crime could have been and probably would have been consummated. His guilt was just as great as if he had actually succeeded in his- purpose. His wicked motive Was the same, and he had brought himself fully and precisely within the letter and policy of the law¿ .This crime as defined in the statute, depends upon the mind and intent of the wrongdoer, and not on the effect . or result upon the' person sought to be coerced. * * * In Rex v. Holden (Russ. & Ry. 154) it was held. on an indictment under'a statute against' passing”
1 later decision quote this exact passagee.g. People v. Jaffe“A murderer may be forcibly taken before his dying victim for identification, and the dying declarations of his victim may then be proved upon his trial for his identification.”
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.