Boreing v. Beard’s Empirical Analysis
1928
Citation profile
18 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 1996
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hopt v. People of the Territory of Utah · Frank v. Mangum · Davidson v. State · Frank v. State · Lowman v. State
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The most substantial right of the accused in a felony case, incident to his constitutional privilege of being present when the verdict is returned, is the right to poll the jury and to require each member of the jury when face to face with the accused to state whether or not the verdict is his verdict.””
5 later decisions quote this exact passage““The right to be heard by himself, and counsel necessarily embraces the right to be present himself and to have a reasonable opportunity to have his •counsel present also at every step in the progress of the trial. * * *. The presence of the accused is not mere form. It is of the very essence of a ■criminal trial not only that the accused shall be brought face to face with the ■witness against him, but also with Tiis triers * * *. And at no time in the whole course of -the trial is this right more valuable than at the final step when the jury are to pronounce that decision which is to restore him to the liberty of a citizen, or to consign him to the scaffold or to a felon’s ■cell in the state prison * * *. The right to poll the jury in criminal causes has in this state always been deemed an essential part of the right of trial by jury. It is guaranteed by both the constitution and the statute, and ought to be maintained and preserved by the courts as essential to the protection of the rights of the citizen * * *. It 'was the duty of the court to 'have him present when the verdict was received, and, in view of the time and circumstances, to have caused notice to be given to his counsel that they might have an opportunity to be present.””
1 later decision quote this exact passage““Upon a verdict being rendered, the jury may be polled, at the instance of either party, which consists of the clerk or judge asking each juror if it is his verdict, and if one answer in the negative the verdict can not be received.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.