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← 268 Mo. 514 - State v. Herring

State v. Herring’s Empirical Analysis

1916

Citation profile

46
cited by 46 later decisions
5
states following
August 1983
most recently cited

6 federal appellate · 40 state decisions

How this case has been cited

Cited by 46 later decisions — most recently August 1983 · most notably Morris v. United States (1946), Union Electric Light & Power Co. v. Snyder Estate Co. (1933)

6 federal appellate · 40 state decisions

14019161920193019401950196019701980decided

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 District of Columbia v. Armes · Dickson v. Waldron · State v. Rasco · McKinstry v. City of Tuscaloosa · People v. Enright

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

  1. ““From the ruled cases we may deduce the rules: (a) That a person of unsound mind is competent as a witness, if, (1) upon examination he be found to be of sufficient mental capacity to understand the nature of an oath, that is, to know it is both a moral and a legal wrong to swear falsely, and that false swearing is a punishable crime in law, and (2) if he be possessed of sufficient mind and memory to observe, recollect and narrate the things he saw or heard; (b) that lawful confinement in an asylum for the insane, or an adjudication as an insane person, creates a prima facie presumption of absolute incompetency as a witness; but (c) such presumption is rebuttable by the voir dire examination of the witness alone, or when aided by extrinsic evidence, and (d) the burden of rebutting the presumption of incompetency in case of confinement in an asylum or adjudication as an insane person is on him who offers the witness; but (e) that absent such confinement, or adjudication as an insane person, the burden of showing incompetency on account of unsoundness of mind is on him who objects on that ground.””
    1 later decision quote this exact passage
  2. ““ ‘The following persons shall be incompetent to testify: First, a person of unsound mind at the time of his production for examination,’ etc. [Sec. 6362, R. S. 1909.]””
    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.