State v. Gauger’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘For evidence to be admissible in the trial of a case it must be confined to the issues, but it need not bear directly upon them. To render evidence of collateral facts competent, there must be some natural, necessary or logical connection between them and the inference or result which they are designed to establish.’ ” State v. Gauger, 200 Kan. 563, 565 , 438 P.2d 463 (1968) (quoting In re Estate of Isom, 193 Kan. 357 , Syl. ¶ 2, 394 P.2d 21 [1964]).”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Roth · State v. Miller

2. ““On appellate review of a conviction of a criminal offense the fact that incriminating circumstantial evidence might also be deemed compatible with innocence is not controlling, and the question before this court is not whether such evidence is incompatible with any reasonable hypothesis except guilt. That is a question for the jury and the trial court, and this court’s function is limited to ascertaining whether there is a basis in the evidence for a reasonable inference of guilt. “It is the function of the jury in the first instance, and of the trial court after verdict, to determine what facts are established by the evidence, and before a verdict of a jury which has been approved by the trial court may be set aside on appeal on the ground of insufficiency of evidence, it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusion reached in the trial court.” (Syl. ¶¶ 4, 5.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Baker

3. ““The location of the currency when found (beside the appellant) and the amount thereof ($14.00) had a strong tendency in reason to prove facts material in the case. The currency had a natural and logical connection under the circumstances shown by the evidence to raise a strong inference that appellant took the money from the billfold and then hid it beside him to prevent the officers from finding the fruits of the crime on his person.” (p. 565.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Anderson