State v. Vierck’s Empirical Analysis
1909
Citation profile
1 federal appellate · 17 state decisions
How this case has been cited
Cited by 18 later decisions — most recently September 1993
1 federal appellate · 17 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 State v. Kapelino · State v. Horn
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.
“We are inclined to the view that the recent possession of stolen property whether in larceny or in burglary, and whether such possession be “explained” or “unexplained,” is a circumstance — -an evidentiary fact — which may have a greater or lesser weight as proof of guilt, when considered with, and strengthened or weakened by, all the other evidence in the case. If the evidence tends to show the possession to be an honest one, the probative force of the fact of recent possession may be greatly modified or entirely destroyed. If wholly unexplained, it may carry a conviction of guilt to the minds of the jury; but, whether explained or unexplained, it is competent and relevant evidence upon the issue of guilt or innocence. . . . We think the true rule is that recent possession of the stolen property, either in larceny or in burglary, is a circumstance which should be left to the jury, with instruction to give it such weight as they think it entitled to, when considered in connection with all the other evidence, in determining the guilt or innocence of the accused.”
1 later decision quote this exact passagee.g. State v. Moellar“It will be observed that this, section does not require a 'breaking,' but 'entering' alone is sufficient to constitute the crime, and, though the information charges both breaking and entering, the crime would be complete whether the entry was accomplished by means of force or without it.”
1 later decision quote this exact passagee.g. State v. Peck““The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment or information, or of an attempt to commit the offense charged.””
1 later decision quote this exact passagee.g. State v. Crofutt
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.