State v. Carnes’s Empirical Analysis

Citation profile

61 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed. The presence of such evidence is the determinative factor.”

   2 later decisions quote this exact passage
   e.g. State v. Vick · State v. Bryant

2. “If defendants, on the occasion of the robbery, had a loaded .38 pistol available for use in case their felonious venture “backfired,” this would seem a relevant circumstance even though no necessity arose for the display or use of the loaded .38 pistol. Relevant or not, this evidence constituted an insignificant part of the State’s case. The overwhelming evidence of defendants’ guilt dispels any suggestion that prejudice resulted from the admission in evidence of the .38 pistol and of testimony that it was loaded.”

   1 later decision quote this exact passage
   e.g. State v. Bell

3. ““On the trial of any person for rape, or any felony whatsoever, when the crime charged includes1 an assault against the person, it is lawful for the jury to acquit of the felony and to find a verdict of guilty of assault against the person indicated, if the evidence warrants such finding . . . . ” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. State v. Alexander