172 W. Va. 810 - State v. Evans’s Empirical Analysis
1983
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 2016 · most notably 192 W. Va. 165 - State v. Derr (1994), 193 W. Va. 519 - State v. Bradshaw (1995)
25 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 Pereira v. United States · Hawkins v. United States · 161 W. Va. 517 - State v. Starkey · 151 W. Va. 1 - State v. Hamric · 173 W. Va. 317 - State v. Peyatt
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he customary manner of proving malice in a murder case is the presentation of evidence of circumstances surrounding the killing. State v. Starkey, 161 W.Va. at 522, 244 S.E.2d at 223. Such circumstances may include, inter alia, the intentional use of a deadly weapon, State v. Toler, 129 W.Va. 575, 579-80 , 41 S.E.2d 850, 852-53 (1946), words and conduct of the accused, State v. Hamrick, 112 W.Va. at 166-67, 163 S.E. at 873, and, evidence of ill will or a source of antagonism between the defendant and the decedent, State v. Brant, 162 W.Va. 762 , 252 S.E.2d 901, 903 (1979).”
2 later decisions quote this exact passage“Neither husband nor wife shall, without the consent of the other, be examined in any case as to any confidential communication made by one to the other while married, nor shall either be permitted, without such consent, to reveal in testimony after the marriage relation ceases any such communication made while the marriage existed.”
2 later decisions quote this exact passage“Whether malice exists in a particular case is usually a question for the jury, and although in perfectly clear cases, the courts have held that the evidence was not sufficient to show malice even where the jury had found to the contrary, yet malice is a subjective condition of mind, discoverable only by words and conduct, and the significance of the words and conduct of an accused person, whenever there can be doubt about such significance, addresses itself peculiarly to the considerations of the jury.”
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.