State v. Potter’s Empirical Analysis
1846
Citation profile
1 federal appellate · 32 state decisions
How this case has been cited
Cited by 35 later decisions — most recently December 1999 · most notably State v. Higgs (1956), State v. Cubano (1987)
1 federal appellate · 32 state decisions — followed in 15 states
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 People v. Mather
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But it is said that by the English' practice the party has a right to challenge until the juror is sworn.- There each juror is sworn as soon as he has been- examined and opportunity given, for challenges. By our practice the jurors are none of them sworn until all have' been examined and opportunity offered for challenge. Here, when one has been examined and oppor- ■ tunity to challenge given,' he is directed to take his seat as a juror;- just as in Eng- ' land after he has’been'sworn; - atid-the de- - lay in swearing'him 'is ñdt tó give áriy priv- - ilege to the prisoner which -he- could not claim elsewhere, but to prevent multiplying oaths and to save the delay incident to the administration of the oath twelve times instead of once. The prisoner now claims, as matter of right to himself, a privilege which he could have no pretence to claim after the person challenged had been declared a juror by the English practice; and if the principle claimed here by the prisoner is correct, that he must be allowed this privilege to the last moment before the trial commences the practice is wrong then, which deprives him of this privilege by swearing each juror before he has had full opportunity to make his challenge. “The effect of the practice in both cases is the same. In the one case his opportunity is closed when the juror is sworn; in the other case when he is directed to take his seat.””
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.