Angel v. Commonwealth’s Empirical Analysis
1942
Citation profile
3 federal appellate · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 1979
3 federal appellate · 16 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 McNeal v. City of Waco · Owens v. Commonwealth · Barton v. Commonwealth · Burgess v. Commonwealth · Tolliver v. Commonwealth
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In instructing the jury the trial court assumed that the pistol was a deadly weapon, and on this appeal it is argued in behalf of the commonwealth that a pistol is a deadly weapon per se. This is true where a pistol is used as a firearm, but where, as in the present case, it is used as an instrument to strike with, the question as to whether or not it is a deadly weapon is for the jury to determine. A pistol used as a bludgeon is not necessarily a deadly weapon. See annotation 8 A. L.R. 1319 * * *. In Smallwood v. Commonwealth, 33 S.W. 822 , 17 Ky. Law.Rep. 1134 , Smallwood was convicted of striking another with a deadly weapon with intention to kill him. The weapon used was a pistol. The judgment was reversed, partly on the ground that the trial court had assumed in its instructions to the jury that the pistol was a deadly weapon.”
1 later decision quote this exact passage““ ‘It also seems to us it was the province of the jury to determine whether the pistol was, in the manner it was used, a deadly weapon; and it was improper for the court to assume it was, as appears to have been done in one of the instructions.’ ””
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.