State v. Kahner’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. ““Everything said, written, or done by a conspirator in execution or furtherance of the common purpose to commit a crime is deemed to be the act of every party to the conspiracy, whether present or absent, and is admissible as evidence against each of them. The combination need not be established by direct proof. No formal agreement to commit the acts charged need be shown. The existence of the combination or conspiracy may be inferred from other facts proved. If the other facts proved show that the defendants, by their acts, pursued the same object, often by the same means, one performing one part and another another part of the same so as to accomplish a common purpose, the existence of the conspiracy is one of fact.””

   2 later decisions quote this exact passage
   e.g. State v. Jenkins · Nathan v. St. Paul Mutual Insurance

2. ““Under Minn. St. 1941, § 595.02(6), (Mason St. 1927, §9814[6]), ‘persons of unsound mind’ are incompetent as witnesses. In order to constitute grounds for excluding the witness’s testimony, the mental incompetency must exist at the time he is offered as a witness. The determination of the competency of a witness is for the trial court. Where the competency of a witness is challenged upon the ground of unsoundness of mind, the trial court should, as it did here, conduct a preliminary inquiry to enable it to determine the fact of the witness’s competency. “If it appears from the inquiry that the witness understands the obligation of an oath and is capable of correctly stating the facts to which his testimony relates, he is competent in fact and should be permitted to testify. State v. Prokosch, 152 Minn. 86 , 187 N. W. 971 . The competency of a witness depends upon his mental condition when he is offered as a witness and should be determined as of that time. The fact that the witness has been adjudged to be insane and committed to an insane asylum from which he had been subsequently discharged does not establish as a matter of law his incompetency at the time he is offered as a witness, and, if he is in fact competent at that time, is no ground for excluding his testimony. Ross v. D. M. & I. R. Ry. Co., 203 Minn. 312 , 281 N. W. 76, 271 ; Cannady v. Lynch, 27 Minn. 435 , 8 N. W. 164 . See, State v. Hayward, 62 Minn. 474 , 65 N. W. 63 . The fact that the witness had not been res”

   1 later decision quote this exact passage
   e.g. 43 Wash. 2d 23 - State v. Moorison