Logsdon v. Commonwealth’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not, however, in every case where a lesser crime is held to'be a degree of the crime charged that the defendant is entitled to an instruction under the law relating to the lesser crime, but only in such eases as the evidence of the case warrants it. To illustrate, voluntary manslaughter is a degree of the crime of murder, and, in cases where the evidence authorizes it, it is erroneous and prejudicial for the trial court to omit an instruction on voluntary manslaughter; but if no facts or circumstances proved in evidence authorize an instruction on voluntary manslaughter, it is not proper to submit the question, and the omission of such an instruction is never held to be erroneous.””

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

2. ““The three witnesses were married women, and stated that from experience they were familiar with the appearance and odor of seminal fluid, and, after so qualifying themselves, testified that the substance found upon the person of the little child, judging by its appearance and odor, was seminal fluid. Under those facts they were qualified to testify on the subject, and the testimony was competent.””

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