State v. Welch’s Empirical Analysis
1905
Citation profile
4 federal appellate · 24 state decisions
How this case has been cited
Cited by 28 later decisions — most recently August 2014 · most notably State v. Moorman (1987), State v. Stroud (1951)
4 federal appellate · 24 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 William v. Beck · State v. Cantlin · Commonwealth v. Burke · State v. Marcks · State v. Patrick
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is plain that, if appellant did penetrate prosecutrix sexually ... no more physical force was employed by him than is necessarily incident to such an act when done with the consent of the woman.... One phase of the contention concerning the insufficiency of the evidence is that ... the alleged act of ravishment was not forcible within the meaning of [the statute].... But the law has been otherwise declared in this state. * # % % * sis If it is rape under our statutes for a man to have illicit sexual connection with a woman while she is asleep, and incapable of consenting ... we are unable to see why it is not also rape for a man to have improper sexual connection with a woman by accomplishing penetration through surprise.... In all cases of that sort the physical force merely to effect penetration without the employment of further force to overcome resistance, together with the want of consent, should, and, under the rule announced in the Welch Case, does, constitute force within the meaning of our statute defining and punishing rape.”
1 later decision quote this exact passagee.g. Niederstadt v. Nixon
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.