Fairce v. Amrine’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the conduct of the trial of one charged with crime under the laws of this state the court', the prosecuting attorney and defendant are governed by our constitution and statutes. Under our constitution (Bill of Rights, § 10) an ‘accused shall be allowed to appear and defend in person, or by counsel,’ and to be tried by a jury. These are privileges which may be waived. (In re Mote, 98 Kan. 804 , 160 Pac. 223 ; Loftis v. Amrine, 152 Kan. 464 , 105 P. 2d 890 .) Our statute then in force (G. S. 1935, 62-1304, since amended by Laws 1941, ch. 291, § 1) required the court to assign counsel to an accused ‘at his request.’ There is no evidence in this case that the petitioner requested the court to assign to him counsel. On the other hand, there is positive evidence, that the court advised him of his right to be represented by counsel and inquired of him if he desired counsel.” (p. 627.)”

   1 later decision quote this exact passage · from the majority
   e.g. Brewer v. Amrine

2. ““The fact that Mr. Palmer and Judge McC'amish spoke of their uniform practice in cases of this character rather than from their detailed recollection of the Fairce case does not weaken their testimony. In the course of the years of their service they had many cases in which the procedure was some what similar. Unless there was some unusual feature it is likely they would not remember details of the ease five years after it was handled.” (p. 627.)”

   1 later decision quote this exact passage · from the majority
   e.g. Hill v. Hudspeth