State v. Di Vincenti’s Empirical Analysis

Citation profile

37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * The trial judge has the discretion of determining what is and what is not relevant and material evidence, and his ruling in this respect will not be disturbed in the absence of obvious error. * * *" State v. Di Vincenti, 232 La. 13 , 93 So.2d 676, 680 . Bill of Exceptions No. 6 is without merit.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Melerine · State v. Melerine

2. ““The Constitution of Louisiana grants to the Supreme Court authority to review criminal cases on questions of law alone. Section 10, of Article VII. It is only where it is contended there is no evidence at all tending to prove the crime charged, or some essential element thereof, that the question posed becomes one of law and we are authorized to review the testimony for the purpose of ascertaining whether there is, in fact, evidence, either direct or circumstantial, that would support the conviction. State v. Seiley, 197 La. 405 , 1 So.2d 675 ; State v. Hardy, 198 La. 1048 , 5 So.2d 330 ; State v. Mattio, 212 La. 284 , 31 So.2d 801 ; State v. Vallery, 214 La. 495 , 38 So.2d 148 ; State v. Roberts, 224 La. 491 , 70 So.2d 100 ; and State v. Turner, 228 La. 202 , 81 So.2d 861 , and the authorities therein cited. * * * ” State v. Di Vincenti, 232 La. 13 , 93 So.2d 676, 681 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Linkletter

3. ““ * * * As stated in Wharton on Criminal Evidence, ‘In some states (Louisiana is one of these states), res gestae is given an even broader definition to include not only spontaneous utterances, and declarations made before and after the commission of the crime, but also to include real or demonstrative evidence relevant to the crime; and to include testimony, offered at the trial, of witnesses and police officers as to what they had heard or observed before, during, or after the commission of the crime; all that occurred at the time and place of the crime, or immediately before or after the crime is causally related thereto * * ””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Forsythe