Keith v. State’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Another well settled rule is that the question of competency is left to the sound discretion of the trial judge and in the absence of clear abuse of the judicial discretion exercised, it is not reviewable upon appeal. Yother v. State, 167 Ark. 492 , 268 S. W. 861 . In Payne v. State, 177 Ark. 413 , 6 S. W. 2d 832 , the court quoted with approval the following language of Justice Brewer, speaking for the court, in Wheeler v. United States, 159 U. S. 523 , 16 S. Ct. 93 , 40 L. Ed. 244 : £The decision of this question rests primarily with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligations of an oath. As many of these matters cannot be photographed into the record, the decision of the trial judge will not be disturbed on review, unless from that which is preserved it is clear that it was erroneous.’ ””

   2 later decisions quote this exact passage
   e.g. Davis v. State · McCall v. State

2. “"Assignments Nos. 7, 8, 9 and 11 of the motion for new trial allege improper influence upon and misconduct of the jury which resulted in defendant's not receiving a fair trial. In the absence of anything in the record to support these assignments of error, they will not be considered. Conley v. State, 180 Ark. 278 , 21 S.W.2d 176 ."”

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