Kincaid v. Commonwealth’s Empirical Analysis
1958
Citation profile
6 federal appellate · 16 state decisions
How this case has been cited
Cited by 24 later decisions — most recently February 1994
6 federal appellate · 16 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 Commonwealth v. Ellett · Toler v. Commonwealth · Keeney v. Commonwealth · Shiflett v. Commonwealth · Commonwealth v. McCue's Executors
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is demanded of him for a good and sufficient consideration, and constitutes an item of debt from him to the commonwealth. Payment of costs is no part of the sentence of the court, and constitutes no part of the penalty or punishment prescribed for the offense. Indeed our statute expressly declares that the laws of costs shall not be interpreted as penal laws.... The right to enforce payment of them is a mere incident to the conviction, and thereby vested in the commonwealth for the sole purpose of replacing in the treasury the amount which the defendant himself has caused to be withdrawn from it.”
2 later decisions quote this exact passage · from the majority““We have many times held that where an offense is punishable with a higher penalty, because it is a second or subsequent offense of the same kind, the more severe punishment cannot be inflicted unless the indictment charges that it is a second or subsequent offense. Under rules of criminal pleading the indictment must contain an averment of facts essential to the punishment to be inflicted. Shiflett v. Commonwealth, 114 Va. 876, 879 , 77 S. E. 606 ; Keeney v. Commonwealth, 147 Va. 678, 685 , 137 S. E. 478 ; Commonwealth v. Ellett, 174 Va. 403, 413 , 4 S. E. 2d 762, 766 ....””
2 later decisions quote this exact passage · from the majority
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.