United States v. Killian’s Empirical Analysis
246 F.2d 77 · 1957
Citation profile
27 federal appellate · 1 state decisions
How this case has been cited
Cited by 30 later decisions (1 by the Supreme Court) — most recently May 2022 · most notably Killian v. United States (1962), State v. Hunt (1958)
27 federal appellate · 1 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
Applies 18 U.S.C. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990) · 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act)
Relies on Jencks v. United States · Goldman v. United States · Weiler v. United States · Preston v. Texas · D'Aquino v. United States
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In considering whether or not the defendant was a member of the Communist Party, you may consider circumstantial evidence, as well as direct. You may consider whether or not he attended Communist Party meetings; whether or not he paid money to the Communist Party; whether or not he engaged in other conduct consistent only with membership in the Communist Party and all other evidence, either direct or circumstantial, which may bear upon the question of whether or not he was a member of the Communist Party. *****-* “I have said that the second count of the indictment contains the same essential elements as the first count, except that the charge is that the defendant was affiliated with the Communist Party instead of charging that he was a member of the Communist Party. “Webster’s New International Dictionary defines ‘Affiliate’ as follows : ‘To connect or associate one’s self with; to adopt, hence usually to bring or receive into close connection ; to ally; to unite or attach such a member or branch.’ “Affiliation, as used in subsection (h) of Section 159 of Title 29 of the U. S. Code, means something less than membership but more than sympathy. Affiliation with the Communist Party may be proved by either circumstantial or direct evidence or both.””
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.