Simmons v. Commonwealth’s Empirical Analysis

Citation profile

84 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The commonwealth had proved that Dugard was dead, and that Simmons had admitted killing him by shooting him with a pistol. With these facts established, it could not be said that there was no evidence of the guilt of Simmons. Simmons’ admission . that he killed Dugard made it incumbent upon him to justify or excuse his act by evidence. Culpepper v. State, 4 Okl. Cr. 103, 111 P. 679 , 31 L. R. A. (N. S.) 1166, 140 Am. St. Rep. 668 . Where there is any evidence, however slight, tending to show guilt of the accused, the case should go to the jury. Spicer v. Com., 199 Ky. 658 , 251 S. W. 853 ; Belcher v. Com., 181 Ky. 516 , 205 S. W. 567 ; Ratliff v. Com., 182 Ky. 246 , 206 S. W. 497 ; Levering v. Com., 132 Ky. 666 , 117 S. W. 253 , 136 Am. St. Rep. 192 , 19 Ann. Cas. 140.””

   1 later decision quote this exact passage
   e.g. Parker v. Commonwealth

2. ““"When a question is asked and the question itself is not objectionable, but the answer that is made thereto is objectionable, then the party to whom the answer is objectionable should move the court to strike either the whole, or that part of the answer to which he objects, and when the court rules on his motion adversely, exception should be noted. Thus, when the commonwealth asked the witness Jack Davis about the defendant’s general reputation, and Davis answered, ‘He is a bootlegger,’ the defendant should have moved to strike out the answer and after the court ruled on that motion, should have reserved exception to the ruling, if adverse. It was not sufficient to merely note an objection after the answer was made.””

   1 later decision quote this exact passage
   e.g. Ball v. Commonwealth

3. ““When a question is asked by the Commonwealth, if the defendant desires to object to it, he should do so, and should insist that the court rule upon the objection. If no ruling is obtained, then the objection is waived. ... If the court does not then rule on the objection or the court’s ruling should be adverse to the defendant, the defendant should reserve an exception. Unless that is done, the error is not reviewable in this court. ’ ’”

   1 later decision quote this exact passage
   e.g. Wolf v. Commonwealth