Sage v. State’s Empirical Analysis

Citation profile

18 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. ““Rape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under any of the following circumstances : “Where the female is under the age of eighteen [18] years; “Where she is incapable, through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent; “Where she resists, but her resistance is overcome by force or violence; “Where she is prevented from resisting by threats of immediate and great bodily harm, accompanied by apparent ppwer of execution, or by any intoxicating, narcotic, or anaesthetic substance, administered by or with the privity of the accused; “Where she is at the time unconscious of the nature of the act, and this is known to the accused; “Where she submits, under a belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense or concealment practiced by the accused, with intent to induce such belief ... “Rape is punishable by imprisonment in the state prison for life or for any tenti of years not less than five [5].””

   1 later decision quote this exact passage
   e.g. Williams v. United States

2. ““ ... we are convinced that the objection of counsel for the state, to the testimony sought to be elicited, was properly sustained. Under the statutes of this state it is rape to carnally know a female under the age of 18 years either with, or without, her consent, and no evidence of specific acts of similar unchaste conduct with men other than the accused, or that she formerly lived in a house of prostitution, is admissible to show consent or as bearing upon the credibility of her testimony. ...””

   1 later decision quote this exact passage
   e.g. State of Arizona v. Wood

3. ““courts seldom reverse convictions in criminal cases for the language of the prosecutor in denouncing the conduct of the defendant, when such language is based upon any fact in the record. Ordinarily the question whether the argument is so inflammatory and violent as to have influenced the verdict of the jury must be left to the sound discretion of the trial court on motion for a new trial who hears the entire argument of counsel and can better judge of its pernicious effects, if any. ...””

   1 later decision quote this exact passage
   e.g. McDaniels v. State of Arizona