Smith v. State’s Empirical Analysis
1949
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2002 · most notably 308 So. 2d 71 - Newell v. State (1975), 725 So. 2d 220 - Higgins v. State (1998)
30 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.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is true that malice is an essential element of murder, but it was held in the case of Criss v. State, * * * that actual malice is not a necessary ingredient of murder. As a matter of law the element of malice is implied from the deliberate use of a deadly weapon. Cases are cited by appellant to the effect that where all of the facts are in evidence an instruction for the State that malice will be implied from the deliberate use of a deadly weapon is not proper. However, the State did not obtain such an instruction in the instant case. * * *” ( 205 Miss. at 294 , 38 So.2d at 726 )”
1 later decision quote this exact passage“[t]he killing of a human being without the authority of law by any means or in any manner ... (1)(a) When done with deliberate design to effect the death of the person killed, or of any human being....”
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.