Eubanks v. State’s Empirical Analysis
1961
Citation profile
4
cited by 4 later decisions
2
states following
April 1977
most recently cited
4 state decisions
Relationships
Relies on Davis 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Mrs. Burtts was incompetent to testify against the defendant, her husband. SDC 1960 Supp. 36.0101 (1). However, she was not called to testify and, as we have said, the statements of the wife were a part of the res gestae. Consequently, the statute rendering the wife incompetent to testify against her husband did not make inadmissible the testimony of either Quenzer or the police officers as to the declarations and statements of the wife. The competency of the declarant is not an essential prerequisite to proof of her declarations as a part of the res gestae. Declarations and statements made by one spouse against the other, are admissible against the other when part of the res gestae, (citing cases.)” (p. 156.)”
1 later decision quote this exact passagee.g. State v. Childers
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.