State v. Ruck’s Empirical Analysis

Citation profile

2 federal appellate · 65 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems to be argued also, inferentially, that, because the defendant did not say anything before he struck Rutherford on the side of the head with a beer bottle, the intent was not established. We are wholly unable to accede to the contention of the learned counsel for the defendant. Of course, it was necessary to satisfy the jury, under the .information, that the assault was committed with intent to kill, and the jury by their verdict have distinctly found that such was the intent of the defendant. On this appeal it is not the province of this court to disturb the verdict and finding of the jury, unless there was no substantial evidence upon which the finding could be based. In the consideration of whether there was sufficient evidence to justify the jury in its conclusion, not only the nature of the weapon hut the physical strength of the person -wielding it, the fact that the prosecuting untness was entirely off of his guard, and not anticipating an assault, the nature and character of the blow, and the fact that four men were united in the assault on one man, and the vicious motive inspiring the assault, must all he taken into account." (Italics ours.)”

   1 later decision quote this exact passage
   e.g. State v. Minousis

2. “Here is a case that seems to me calls for the punishment that should be made to fit the crime. Here we have testimony undenied, undisputed by no living or unliving witness”

   1 later decision quote this exact passage
   e.g. State v. Johnson