State v. Davis’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ We have never held that it constitutes prejudicial error to instruct with reference to an included crime, even though under the evidence a conviction for the crime charged, without an instruction as to the included crime, would have been sustained. It does not lie in the mouth of the defendant to complain that he has been convicted of a lower degree of crime than that which the evidence tends to establish. It is not to be presumed from the fact that the jury failed to convict of rape that they did convict of an assault with intent to commit rape without finding from the evidence beyond a reasonable doubt that the defendant was guilty of that crime. If the jury exercised undue leniency in their finding as to the degree of the crime committed, such error has resulted to defendant’s benefit, and he cannot complain. It is enough to say that, so far as the general sufficiency of the evidence is concerned, the verdict is not without ample support.’ ””

   1 later decision quote this exact passage
   e.g. State v. Stump

2. ““(2) Where the witness, after his examination in chief on the stand, has refused to submit to cross-examination, the opportunity of thus probing and testing his statements has substantially failed, and his direct testimony should be struck out. On the circumstances of the case, the refusal or evasion of answers to one or more questions only need not lead to this result. [Emphasis added.] . . . ‘ ‘ Courts treat this situation with varying degrees of strictness. It should be left to the determination of the trial judge, regard being had chiefly to the motive of the witness and the materiality of the answer.” (5 Wigmore, Evidence [3d ed.] p. 112.)”

   1 later decision quote this exact passage
   e.g. People v. Robinson

3. “The general rule is that where the witness after his examination in chief on the stand has refused to submit to cross-examination, the opportunity of thus probing and testing his statements has substantially failed and his direct testimony should be struck out. But to this general rule there are many exceptions. One is that on the circumstances of the case, the refusal or evasion of answers to one or more questions only need not lead to this result.”

   1 later decision quote this exact passage
   e.g. In the Interest of J.D.S.