Gambrel v. Commonwealth’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"There is no merit in appellant's contention that he should not have been convicted as an aider and abettor on a separate trial after Lath had been acquitted as the principal. Appellant was indicted as principal and we cannot determine from the record whether or not the jury convicted him of firing the shot which killed Jones or of aiding and abetting Lath in so doing. However that may be, we have an unbroken line of decisions to the effect that a defendant may be convicted on a separate trial of aiding and abetting the principal in the commission of a crime after the principal has been acquitted. Reed v. Com., 125 Ky. 126 , 100 S.W. 856 , 30 Ky.Law Rep. 1212; Christie v. Com., 193 Ky. 799 , 237 S.W. 660 , 24 A.L.R. 599 ; Smith v. Com., 216 Ky. 813 , 288 S.W. 752 ; Com. v. Long, 246 Ky. 809 , 56 S.W.2d 524 . We are not disposed to grant appellant's request and overrule these cases as unsound, as it is evident that different juries may reach different conclusions as to the guilt of the principal."”

   2 later decisions quote this exact passage · from the majority
   e.g. 111 So. 2d 728 - State v. Peel · 196 So. 2d 897 - Newman v. State

2. ““Section 1128, Kentucky Statutes, makes accessories before the fact subject to the same punishment as principals, and in a joint indictment charging a felony either of the defendants may be convicted as principal or as aider and abettor although the indictment charges neither with aiding and abetting, ’ ’ as was here the case.”

   1 later decision quote this exact passage · from the majority
   e.g. Reed v. Commonwealth