State v. Browder’s Empirical Analysis
1960
Citation profile
40 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 2005 · most notably State v. Vestal (1971), State v. Harris (1976)
40 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 State v. Hammonds · State v. Hammonds · Perry v. Gibson · State v. Jones · State v. Lee
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In most jurisdictions it is held or recognized that in prosecutions for statutory rape, or rape of a female under the age of consent, or otherwise unable to consent, evidence is admissible which tends to show prior offenses of the same kind committed by the defendant with the prosecuting witness, provided they are not too remote in point of time, such evidence being admitted in corroboration of the offenses charged, or to prove identity, and not to prove a separate offense. 44 Am. Jur., Rape, Sec. 80; Wharton’s Criminal Evidence, 12th Ed., Yol. I, p. 647; 22 C.J.S., Criminal Law, p. 1165; Annotation, 167 A.L.R. p. 574, et seq.; Underhill’s Criminal Evidence, 5th Ed., Yol. I, Sec. 211; Wigmore on Evidence, 3rd Ed., Vol. II, Sec. 398. The above works cite in support of their statements a multitude of cases, and the Annotation in 167 A.L.R., and Wharton’s Criminal Evidence cite cases from 36 states including our case of S. v. Parish, supra [ 104 N.C. 679 , 10 S.E. 457 ], which recognizes the rule, and the District of Columbia.””
1 later decision quote this exact passagee.g. Gasque v. State““The exception to proof of other acts of the same nature cannot be sustained. They are competent in corroboration, (citing authority), as was also evidence of cruel treatment of the daughter offered to show compulsion, 22 Cyc. 53. The evidence of similar statements made by the witness before the trial was also competent as corroborative evidence, and this may be shown by the witness himself.””
1 later decision quote this exact passagee.g. Gasque v. State““It was competent for the State to prove that the defendant placed his hands on the prosecutrix at another time on the day of the assault, as evidence of another assault of which the defendant could have been convicted under the indictment, and as tending to prove the animus and intent of the defendant.””
1 later decision quote this exact passagee.g. Gasque v. State
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.