180 W. Va. 357 - State v. Davis’s Empirical Analysis

Citation profile

23 state decisions

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

1. ““ ‘ “Failure to make timely and proper objection to remarks of counsel made in the presence of the jury, during the trial of a case, constitutes a waiver of the right to raise the question thereafter either in the trial court or in the appellate court.” Point 6, Syllabus, Yuncke v. Welker, 128 W.Va. 299 [ 36 S.E.2d 410 (1945) ].’ Syllabus point 7, State v. Cirullo, 142 W.Va. 56 , 93 S.E.2d 526 (1956).””

   2 later decisions quote this exact passage · from the majority
   e.g. Daniel B. ex rel. Richard B. v. Ackerman · Johnson v. Garlow

2. ““In a criminal case, a verdict of guilt will not be set aside on the ground that it is contrary to the evidence, where the state’s evidence is sufficient to convince impartial minds of the guilt of the defendant beyond a reasonable doubt. The evidence is to be viewed in the light most favorable to the prosecution. To warrant interference with a verdict of guilt on the ground of insufficiency of evidence, the court must be convinced that the evidence was manifestly inadequate and that consequent injustice has been done.””

   1 later decision quote this exact passage · from the majority
   e.g. 182 W. Va. 482 - State v. Davis

3. “that where the evidence shows only one continuing sexual offense culminating in a single act of sexual intercourse, conviction and punishment of the accused for unlawful sexual behavior entirely ancillary to such sexual intercourse violates double jeopardy.”

   1 later decision quote this exact passage · from the majority
   e.g. 185 W. Va. 452 - State v. Lola Mae C.