Perkins v. Commonwealth’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. ““It is complained that the court erred in the admission of evidence respecting appellant’s conduct on previous occasions. Mrs. Collinsworth and her daughter were permitted to testify that upon one or more occasions the appellant had been at the home of deceased armed and making boastful and menacing remarks. It is argued that the testimony offended the rule of practice which precludes evidence of other and distinct offenses, unless it is needed to establish motive, identity, or the like. Wireman v. Commonwealth, 203 Ky. 57 , 261 S. W. 862 . The evidence allowed in this case was within the exception to the rule. It was not proof of a separate and distinct offense wholly unrelated to the present charge, but was such conduct as tended to show the attitude of the appellant toward the deceased, furnishing some explanation of his readiness to shoot on mere resentment, when he was in no apparent danger of great bodily harm. The effect of the evidence was to indicate malice and predetermination to injure the deceased. . . . “It is well settled by the authorities that conduct such as was proven in this case, preceding a homicide, is admissible on the trial of an indictment for murder. Morse v. Commonwealth, 129 Ky. 295 , 111 S. W. 714 [ 33 Ky. Law Rep. 831 , 894]; Thomas v. Commonwealth, 185 Ky. 229 , 214 S. W. 929 ; Hickey v. Commonwealth, 185 Ky. 576 , 215 S. W. 431 .””

   1 later decision quote this exact passage
   e.g. Osborne v. Commonwealth