State v. Henderson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Whenever the credibility of a witness is to be impeached by proof of any statement made by him contradictory to his testimony, he must first be asked whether he has made such statement, and his attention must be called to the time, place and circumstances, and to the person to whom the alleged statement was made, in order that the witness may have an opportunity of explaining that which is prima facie contradictory. If the witness does not distinctly admit making such statement, evidence that he did make it is admissible. " (Emphasis here and elsewhere supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 295 So. 2d 782 - State v. McMellon

2. “* * * The law on the subject is clear that the credibility of a witness can be impeached by offer of proof of a prior contradictory statement only if the witness does not distinctly admit making such statement and then only after he has first been asked whether he has made such statement, his attention called to the time, place and circumstances and person to whom the alleged statement was made `in order that the witness may have an opportunity of explaining that which is prima facie contradictory.' See, L.S.A.—Title 15, Article 493.”

   1 later decision quote this exact passage · from the majority
   e.g. 295 So. 2d 782 - State v. McMellon