State v. Whitener’s Empirical Analysis
1955
Citation profile
6 federal appellate · 43 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2015 · most notably United States v. Brown (1973), State v. Elmore (1983)
6 federal appellate · 43 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 150 Ohio St. 448 - Taylor v. Ross · Keeley v. Great Northern Railway Co. · Bunten v. Davis · State v. Maxey · Commonwealth v. Gwizdoski
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The same reasoning whereby in the case of sexual intercourse with a woman who is unconscious or insane, the elements of force and resistance are held to be immaterial, or conclusively presumed, to be immaterial, or conclusively presumed, with a female who is under the age of consent. In one case physically, in the other as a matter of law, she is incapable of consenting. Since evidence of consent, even if admissible, cannot avail as a defense against the charge of rape where the female is under the age of consent, it is manifest that in such case neither force on the part of the male nor resistance on her part is an essential ingredient of the crime.”
1 later decision quote this exact passagee.g. Toomer v. State“is generally applied in cases involving sexual crimes, where evidence of acts prior and subsequent to the act charged in the indictment is held admissible as tending to show continued illicit intercourse between the same parties.”
1 later decision quote this exact passagee.g. State v. Pierce“and made the crimes of rape and arson punishable”
1 later decision quote this exact passagee.g. The STATE v. Worthy
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.