Commonwealth v. Rouse’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well established in this jurisdiction that the Commonwealth is not restricted to proof of the crime on the exact date stated in the indictment. Commonwealth v. Morrison, 180 Pa. Superior Ct. 121 , 118 A. 2d 258 (1955). In the prosecution of sodomy or other crimes in which a particular date or day of the week is not the essence of the offense, the Commonwealth’s burden is to prove the commission of the crime upon some date fixed with reasonable certainty and within the prescribed statutory period. Commonwealth v. Mourar, 167 Pa. Superior Ct. 279 , 74 A.2d 734 (1950). We are of the opinion that this burden was met in this case. Here the trial judge, who observed all the witnesses and assessed their credibility, found that 'on several occasions during the period from approximately the first week in November to the second week in December, and on or about the New Year’, the defendant committed the acts with which he was charged....” 207 Pa. Superior Ct. at 422-23 , 218 A.2d at 102 .”

   4 later decisions quote this exact passage
   e.g. 244 Pa. Super. 144 - Commonwealth v. Brandrup · Commonwealth v. Devlin

2. “"If this had been a trial before a jury, [appellant's] argument would be a more compelling one. However our examination of the record of a trial without a jury differs in certain respects from our examination of a jury trial record [cite omitted]. In the case of a trial before a jury, we must be mindful that twelve laymen, unlearned in the technicalities of the rules of evidence, can be easily confused or prejudiced by certain evidence admissible as having value for one purpose but not for another. When the [appellant] waives a jury trial, we have a right to expect a more perceptive and judicious application of the rules of evidence by a trial judge, learned in the law. . . He, unlike a layman, also knows that improperly admitted evidence must be stricken from consideration. It is the fear that a layman cannot separate in his deliberation the admissible evidence from the inadmissible that leads a trial judge to withdraw a juror in certain trials."”

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

3. ““ ‘If this had been a trial before a jury, [appellant’s] argument would be a more compelling one. However our examination of the record of a trial without a jury differs in certain respects from our examination of a jury trial record. [Citation omitted.] In the case of a trial before a jury, we must be mindful that twelve laymen, unlearned in the technicalities of the rules of evidence, can be easily confused or prejudiced by certain evidence admissible as having value for one purpose but not for another. When the [appellant] waives a jury trial, we have a right to expect a more perceptive and judicious application of the rules of evidence by the trial judge, learned in the law. . He, unlike a layman, also knows that improperly admitted evidence must be stricken from consideration.’ ””

   1 later decision quote this exact passage
   e.g. 272 Pa. Super. 189 - Commonwealth v. Hart