Cox v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Before the final submission of a case the legal presumption is that the jurors performed their duty in accordance with the oath they have taken, and that presumption is not overcome by proof of the mere fact that during an adjournment of the trial the jurors were permitted to separate. The defendant must affirmatively show that by reason thereof he was denied a fair and impartial trial, or that his substantial rights were prejudiced."”

   4 later decisions quote this exact passage
   e.g. Castleberry v. State · Stilwell v. State

2. ““In the later case of Allen v. State, 13 OkI.Cr. 395, 164 P. 1002, 1004 , L.R.A. 1917F, 210 , this court affirmed a conviction for murder and distinguished the case of Bilton v. Territory [1 OkI.Cr. 566, 99 P. 163 ] by laying down two “tests for determining whether the partaking of intoxicating liquors was in itself sufficient to vitiate a verdict. First, whether the intoxicant was drunk while the jury was deliberating upon the verdict. Second, whether the intoxicant incapacitated any juror so as to prevent the proper performance of his duties. In the Bilton case the intoxicating liquor was drunk throughout the progress of the trial and while the jury was deliberating upon the verdict. In the Allen case only two members of the jury partook of whiskey mixed with quinine as a medicine during a recess in the trial and the court stated: ‘It is not shown that the effect of such mixture deadened the sensibilities of the jurors to any extent’ whatever, or rendered either of them incapable for the proper performance of their duties.’ ””

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

3. ““We hesitate to make any remark which might be construed as placing the stamp of approval upon the partaking of intoxicating liquor by jurors as we feel such partaking is improper and the bailiff should be careful to see that such is not done, however, we are aware that a great many people in ‘dry’ Oklahoma drink intoxicating liquors at their meals and often take a drink in the evening without any noticeable aftereffects and such conduct does not render them incapable of transacting business on the following day.””

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