Botnick v. Commonwealth’s Empirical Analysis
1936
Citation profile
6 federal appellate · 6 state decisions
How this case has been cited
Cited by 12 later decisions — most recently January 1992
6 federal appellate · 6 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 Loyd v. State · Murphy v. Commonwealth · Urban v. Commonwealth · Smith v. Commonwealth · Martin v. Commonwealth
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.
““By instruction No. 3 the jury were told that the possession of any stolen goods should be of itself prima facie evidence of the guilt. It is true that section 1199, Kentucky Statutes, so provides, but, with certain exceptions not here material, it has never been deemed proper in this state to instruct on the weight of evidence, Smith v. Commonwealth, 122 Ky. 444 , 91 S.W. 1130 ; Martin v. Commonwealth, 223 Ky. 762 , 4 S.W. (2d) 419 ; or to call attention to any particular fact and indicate its importance, Commonwealth v. Delaney, 29 S.W. 616 , 16 Ky.Law Rep. 509; or to single out specific facts or groups of facts and give them undue importance, Tines v. Commonwealth, 77 S.W. 363 , 25 Ky. Law Rep. 1233 ; Murphy v. Commonwealth, 205 Ky. 493 , 266 S.W. 33 ; Urban v. Commonwealth, 196 Ky. 775 , 245 S.W. 852 . Other courts take the position that, inasmuch as the inference to be drawn from the evidence is strictly a matter for the jury, the trial court should not instruct on the question. R.C.L. p. 72; Gravitt v. State, 114 Ga. 841 , 40 S.E. 1003 , 88 Am.St.Rep. 63 ; Lehman v. State, 18 Tex.App. 174 , 51 Arn.Rep. 298. It follows that instruction No. 3 should not have been given.””
1 later decision quote this exact passage · from the majority““I may say that you are further instructed that the possession of any stolen goods by a Defendant should be of itself prima facie evidence of guilt.””
1 later decision quote this exact passage · from the majority
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.