164 W. Va. 572 - State v. Frasher’s Empirical Analysis
1980
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2017
22 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 Patterson v. United States · Michel v. United States · Babich v. United States · Dioguardi v. United States · Laskey Bros. of West Virginia, Inc. v. Warner Bros. Pictures, Inc.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"For evidence of the guilt of someone other than the accused to be admissible, it must tend to demonstrate that the guilt of the other party is inconsistent with that of the defendant. United States v. Pannell, 178 F.2d 98 (3d Cir. 1949), cert. dismissed, 339 U.S. 927 , 70 S.Ct. 626 , 94 L.Ed. 1348 (1950); Blevins v. State, 51 Ala.App. 214, 220-22 , 283 So.2d 664, 669-71 (1973); State v. Sturdivant, 31 N.J. 165 , 155 A.2d 771, 777-80 (1959), cert. denied, 362 U.S. 956 , 80 S.Ct. 873 , 4 L.Ed.2d 873 (1960); 1 J. Wigmore, Evidence § 139 (2d ed. 1940); see Pettijohn v. Hall, 599 F.2d 476, 480 (1st Cir. 1979), cert. denied, 444 U.S. 946 , 100 S.Ct. 308 , 62 L.Ed.2d 315 ; Commonwealth v. Graziano, 368 Mass. 325, 329-30 , 331 N.E.2d 808, 811 (1975)."”
3 later decisions quote this exact passage““[A]ll relevant facts and circumstances tending to establish any of the constituent elements of the crime of which the defendant is accused may be made to appear. Thus, evidence of other criminal acts has been held admissible by this court when they are so blended or connected with the one on trial as that proof of one incidentally involves the other; or explains the circumstances thereof; or tends logically to prove any element of the crime charged. Such evidence is admissible if it is ... so associated that proof of one tends to prove the other ....” 265 S.E.2d at 50 , quoting Kugzruk v. State, 436 P.2d 962, 967 (Alaska 1968) and United States v. Wall, 225 F.2d 905, 907 (7th Cir. 1955), cert. denied, 350 U.S. 935 , 76 S.Ct. 307 , 100 L.Ed. 816 (1956).”
2 later decisions quote this exact passage““[I]n order to constitute the crime of embezzlement, it is necessary to show, (1) the trust relation of the person charged, and that he falls within that class of persons named; (2) that the property or thing claimed to have been embezzled or converted is such property as is embraced in the statute; (3) that is the property of another person; (4) that it came into the possession, or was placed in the care, of the accused, under and by virtue of his office, place or employment; (5) that his manner of dealing with or disposing of the property, constituted a fraudulent conversion and an appropriation of the same to his own use, and (6) that the conversion of the property to his own use was with the intent to deprive the owner thereof.””
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.