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← 163 MONT 106 - State v. Taylor

State v. Taylor’s Empirical Analysis

1973

Citation profile

58
cited by 58 later decisions
6
states following
December 2021
most recently cited

58 state decisions

How this case has been cited

Cited by 58 later decisions — most recently December 2021 · most notably State v. Just (1979), State v. Matt (1991)

58 state decisions

250197319801990200020102020decided

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. Jensen · State v. Bosch · State v. Tiedemann · State v. Sauter · State v. Thomas

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

  1. “" Spousal privilege. A husband cannot be examined for or against his wife without her consent or a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other or to a criminal action or proceeding for a crime committed by one against the other."”
    4 later decisions quote this exact passage · from the majority
  2. “[T]he purpose of ... [the statute] is the protection of the sanctity of marriage and the home. We feel that the purpose of the exceptions to this statute is also protective. In the case of the exception related to the neglect of children, the purpose is protection of children from abuse which could otherwise be practiced without fear or retribution under protection of the marital privilege. If defendant's construction of this protective exception is adopted, the protection would extend to injuries negligently inflicted but not willful assault, to a negligent homicide but not to premeditated murder. Such a construction is clearly too narrow, outraging both reason and justice... . For the purposes of this exception, we hold that the term "neglect" includes any abuse of children whether inflicted negligently or intentionally. In adopting this construction we are satisfied that we reach a result which is required by both reason and justice and which is within the contemplation of the legislature at the time it enacted section 94-8802, R.C.M. 1947. 515 P.2d at 703 .”
    1 later decision quote this exact passage · from the majority
  3. “includes any abuse of children whether inflicted negligently or intentionally. In adopting this construction we are satisfied that we reach a result which is required by both reason and justice and which is within the contemplation of the legislature at the time it enacted section 94-8802, R.C.M. 1947. 515 P.2d at 703 . In Chamberlain v. State, 348 P.2d 280 (Wyo. 1960), the Wyoming Supreme Court held that the statutory rape by the father of his daughter was a crime against his wife within the meaning of its statute providing that a wife is a competent witness in”
    1 later decision quote this exact passage · from the majority

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.