278 So. 2d 456 - Rush v. State’s Empirical Analysis
1973
Citation profile
25 state decisions
How this case has been cited
Cited by 26 later decisions — most recently February 2018 · most notably 440 So. 2d 297 - Groseclose v. State (1983), 454 So. 2d 445 - Billiot v. State (1984)
25 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 Robertson v. State · Simmons v. State · Holmes v. State · 257 So. 2d 505 - Roberson v. State · Hartfield v. State
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Contention is made for appellant that this instruction denied him his constitutional right of self-defense. This instruction was approved by this Court in the case of Hartfield v. State, 176 Miss. 776 , 170 So. 531 , (1936). Said instruction does not in fact require that the accused must know that the danger is actual and imminent. It is not sufficient to the defense of one confronted with in this case that imminent and immediate danger would be apprehended only by a coward or by one who is at the time unduly frightened out of his senses. As stated by this Court in Hartfield, supra, the correct rule as contained in the last quoted instruction is that: The apprehension of such danger must be real and such as would or should, under the circumstances, be entertained by a reasonably well-disposed man of average prudence; and whether the accused has, in a particular case, measured up to that standard of conduct is a question to be submitted to, and decided by, the jury”
1 later decision quote this exact passagee.g. Garner 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.