State v. Talbott’s Empirical Analysis
1939
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently January 1996
19 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 Rhea v. State
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The killing of a human being, unless it is excusable or justifiable, is murder in the first degree when committed either— 1. With a premeditated design to effect the death of the person killed, or of another; or 3. Without a design to effect death, by a person engaged in the commission of, or in an attempt to commit, or in withdrawing from the scene of, a robbery, rape, burglary, larceny or arson in the first degree; . . . Murder in the first degree shall be punished by death or by imprisonment in the state penitentiary for life, in the discretion of the court.”
2 later decisions quote this exact passage“The jury returned a verdict of murder in the first degree without specifying whether it related to the first or second counts, or to both. It is contended that the verdict is, therefore, void for uncertainty. We think there is no merit in this contention. The two counts do not charge different offenses, but merely charge the same offense in different ways, and the evidence in the case was amply sufficient to convict on either or both theories.”
1 later decision quote this exact passage“The two counts do not charge different offenses, but merely charge the same offense in different ways....”
1 later decision quote this exact passagee.g. State v. Fortune
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.