162 W. Va. 762 - State v. Brant’s Empirical Analysis
1979
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently September 2016 · most notably 170 W. Va. 259 - State v. Less (1982), 187 W. Va. 760 - State v. Triplett (1992)
42 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 Burks v. United States · 162 W. Va. 602 - State v. Frazier · State v. Robinson · 129 W. Va. 575 - State v. Toler · 124 W. Va. 126 - State v. Ponce
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“So that this case cannot be misconstrued and will be limited to its facts, it should be reiterated that intoxication can never be used as a defense where it is alleged that there was diminished capacity except where previous exceptions apply, but can only be used when there is demonstrated a total lack of capacity such that the bodily machine completely fails. Furthermore, where a weapon is involved it must affirmatively appear that the defendant had no predisposition to commit the crime or to engage in aggressive antisocial conduct which the voluntary intoxication brought to the forefront.”
4 later decisions quote this exact passage“Malice may be inferred from the intentional use of a deadly weapon; however, where the State’s own evidence demonstrates circumstances affirmatively showing an absence of malice which would make an inference of malice from the use of a deadly weapon alone improper, a conviction for second degree murder cannot be upheld.”
1 later decision quote this exact passage“Malice may be inferred from the intentional use of a deadly weapon_”
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.