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← 198 La. 861 - State v. Gardner

State v. Gardner’s Empirical Analysis

1941

Citation profile

50
cited by 50 later decisions
1
states following
September 2011
most recently cited

50 state decisions

How this case has been cited

Cited by 50 later decisions — most recently September 2011 · most notably State v. Johnson (1955), 408 So. 2d 861 - State v. Talbot (1981)

50 state decisions

15019411950196019701980199020002010decided

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 State v. City of New Orleans · State v. Williams · State v. Morton · State v. Brown · State v. Norphlis

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

  1. ““‘The general rule is.against the introduction of evidence of the commission of another offense than that for which the defendant is being tried * * *.' 2 Marr’s Criminal Jurisprudence 568. See, also, State v. Johnson, 38 La.Ann. 686 ; State v. Bates, 46 La.Ann. 849, 850 , 15 So. 204 ; State v. Cavanaugh, 52 La.Ann. 1251 , 27 So. 704 ; State v. Williams, 111 La. 179 , 35 So. 505 ; State v. Smith, 156 La. 818 , 101 So. 209 ; Rice on Evidence, vol. 3, c. 25, § 153, and especially regarding larceny, chapter 42, § 453; 16. C.J. p. 574, § 1115, p. 586, §§ 1132, 1133, 1134, 22 C.J.S., Criminal Law, §§ 663, 682, 683; 8 R.C.L. p. 198, No. 194. There are exceptions to this- general - rule, however, one, where the evidence is’iritroduced for the purpose- of rebutting the inference that the act with which the accused is charged was not committed by accident or mistake but with a guilty knowledge or evil motive; another, when the evidence shows a system of wrongdoing, as in cases of forgery, making of false entries in books, etc. State v. Williams, 111 La. 179 , 35 So. 505 ; State v. Norphlis, 165 La. 893 , 116 So. 374 ; and State v. Brown, 185 La. 1023 , 171 So. 433 . “In the instant case the question if intent or motive is not at issue and there being no connection between the previous sales of liquor and the sale with which the accused was charged in the indictment, it is our opinion therefore that the evidence of such previous sales was inadmissible.””
    1 later decision quote this exact passage
  2. ““While the right to regulate the traffic of liquor in an inherent police power of the state which, under the express provisions of Section 18 of Article XIX of the Constitution of 1921 can never be surrendered, it is within the province of the legislature to delegate these powers to the various political subdivisions of the state and, in so doing, the legislature does not thereby surrender its power in this respect, for it is elementary that the legislature can thereafter, at any time, either change, alter, or recall the power so delegated. See State v. City of New Orleans, 151 La. 24 , 91 So. 533 .””
    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.