State v. Sears’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Tf evidence of the commission of another crime constitutes a part of the res gestae, it is admissible.’ Sec. 345, at p. 490. “ ‘The well-settled rule that evidence of collateral crimes cannot be introduced on the trial of a homicide charge is subject to an exception where the collateral crime precedes, or is contemporaneous with, or a part of, the charge on trial and the circumstances surrounding the collateral crime are essential to prove or to explain the crime charged. * * * ’ Sec. 346, p. 491. “ ‘When a collateral offense, or as it is sometimes called, an extraneous crime, forms part of the res gestae, evidence of it is admissible. As an isolated or disconnected fact, or where it is offered for the mere purpose of creating prejudice against or inviting sympathy for the accused, it is not relevant. When offered as an exception to the general rule of exclusion, it becomes a matter of substance with the charge on trial. * * * When two or more offenses are part of the same transaction, every element of the defendant’s conduct in that transaction may be shown for the purpose of illustrating the motive or intent in committing the act which is the basis of the charge. It is essentially res gestae. In one case, the court admitted testimony of a so-called second offense because it was so closely connected with the offense charged in time and circumstance as to constitute one and the same offense. If a second person is murdered as a part of the same transaction, evidence of the c”

   1 later decision quote this exact passage
   e.g. State v. Palmer

2. ““ ‘The general rule is that proof of distinct and independent offenses is not admissible on the trial of a person accused of a crime. This rule is founded in reason, for to allow the introduction of evidence of other and distinct offenses would confuse and mislead the jury as to the real issue to be determined, would prejudice the prisoner by irrelevant matter,* and require him to meet charges foreign to the specific offense laid to his charge. “ t * * * “ ‘There are exceptions to and modifications of this general rule, as where such evidence reasonably tends to show malice, intent, or motive on the part of a defendant with respect to the crime, or where the offense is so closely connected with the crime as to bring it within the rule of res gestae. * * *. “ ‘ * * * Evidence of other offenses consisting of an entire series of events, constituting but one transaction, is competent. On a trial for killing a certain person everything done at the time and every part of the affair, including defendant’s killing another person and shooting a third person, is admissible as explaining the nature and motive of the act for which the defendant is being tried. Where a killing is only one incident of an entire transaction, evidence of the whole transaction as an entirety, including what happened before and after the killing, is admissible.’ Sec. 213, pp. 586, et seq. “ ‘ * * * To make one criminal act evidence of another a connection between them must have existed in the mind of the actor”

   1 later decision quote this exact passage
   e.g. State v. Palmer

3. ““Where the commission of both offenses is closely linked or connected, evidence of the whole transaction is legal, although two distinct felonies had been committed. * * * ””

   1 later decision quote this exact passage
   e.g. State v. Palmer