242 So. 2d 865 - Brooks v. State’s Empirical Analysis
1971
Citation profile
1 federal appellate · 43 state decisions
How this case has been cited
Cited by 44 later decisions — most recently August 2013 · most notably Stringer v. State (1986), 443 So. 2d 806 - Caldwell v. State (1983)
1 federal appellate · 43 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 Lee v. State · Collier v. State · Marr v. State · Jaquith v. Beckwith · Love 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“acid test is its logical relevancy to the particular excepted purpose or purposes”
14 later decisions quote this exact passage“In this holding, we think that the decision in English was in error. It did not consider or cite any of the numerous authorities from other jurisdictions analyzing the almost universal rule, that in prosecutions for rape upon one under the age of consent, acts of sexual intercourse or related acts between the same parties prior to the act charged in the indictment is admissible as tending to show the lustful disposition of the accused toward the girl. Accordingly, on this second point in English v. State , we overrule that decision, and hold that evidence of prior sexual acts with the same girl under the age of consent in prosecutions for statutory rape is admissible. Gillespie v. State, 215 Miss. 380 , 61 So.2d 150 (1952), which cited English , is not inconsistent with this decision. There the prosecuting witness testified concerning a charge of attempted rape, made by her against defendant during the preceding summer. This was too remote. Lee v. State, 244 Miss. 813 , 146 So.2d 736 (1962), involved a conviction for false pretenses. It cited English on the general rule, but recognized appropriate exceptions, and on its facts is not related to the instant question. [ 242 So.2d at 870 ].”
1 later decision quote this exact passage“Defendant’s counsel had the duty to call the motion to the court’s attention and obtain a ruling. Not having done so, he waived any right as to the motion. .”
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.