State v. Cooper’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Counsel for appellant is apparently under the impression that we should review the evidence taken in the case, which has been included in the transcript, in view of Article 557 of the Code of Criminal Procedure (R.S. 15 :- 557) declaring, in substance, that a new trial shall not be granted in any criminal case by reason of error of any matter of pleading or procedure unless it appears ' * * * after an examination of the entire record, * * * ’ that the error complained of has probably resulted in a miscarriage of justice or constitutes a substantial violation of constitutional or statutory rights of the accused. This, however, is a misapprehension because it assumes that the evidence in a criminal case is part of the record, which it is not unless it is appended to and made part of. a perfected bill of exceptions. State v. Brown, 236 La. 562 , 108 So.2d 233 , citing State v. Gaines, 223 La. 711 , 66 So.2d 618 and authorities therein.” State v. Cooper, 241 La. 757 , 131 So.2d 55 . “It is indisputable, too, that under our law the only means by which the testimony may be reviewed by this court is to have it attached to a motion for a new trial, (LSA-R.S. 15:505, 516, 520) and a bill of exceptions must be reserved to the denial of the motion for a new trial. The bill must have attached thereto the motion and evidence relied upon.” State v. Bueche, 243 La. 160 , 142 So.2d 381 .”

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