State v. Stonaker’s Empirical Analysis
1976
Citation profile
3 federal appellate · 308 state decisions
How this case has been cited
Cited by 318 later decisions — most recently May 2025 · most notably Westbrook v. Zant (1983), Driggers v. State (1979)
3 federal appellate · 308 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 Kerbo v. State · 134 Ga. App. 123 - Stonaker 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 318 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The trial judge must charge the jury on each crime specified in the indictment or accusation, unless the evidence does not warrant a conviction of such crime, or unless the state has affirmatively withdrawn a crime or stricken it from the indictment or accusation. (2) The trial judge also may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation. However, his failure to do so, without a written request by the state or the accused, is not error. (3) The state or the accused may, by written application to the trial judge at or before the close of the evidence, request him to charge on lesser crimes that are included in those set forth in the indictment or accusation, and his failure to so charge as requested, if the evidence warrants such requested charge or charges, shall be error. (4) An erroneous charge on a lesser crime to that set forth in the indictment or accusation does not rise to the level of reversible error, unless such charge was harmful to the accused as a matter of law.”
7 later decisions quote this exact passage“to clarify for the trial courts what must be charged and what may be charged and what need not be charged in the area of lesser included crimes in criminal trials.”
2 later decisions quote this exact passagee.g. Martin v. State · Powell v. State“By the establishment of these rules it is obvious that the decision of this court in Kerbo v. State, 230 Ga. 241 ( 196 SE2d 424 ) (1973) and similar rulings in other cases by this court and the Court of Appeals are overruled.” (Emphasis supplied.) Please note the underlined words:”
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.