Erwin v. State’s Empirical Analysis
1876
Citation profile
1 federal appellate · 48 state decisions
How this case has been cited
Cited by 53 later decisions (2 by the Supreme Court) — most recently November 2011 · most notably Hopt v. People (1887), Northern Pacific Railroad v. Herbert (1886)
1 federal appellate · 48 state decisions — followed in 24 states
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 Smith v. Handy
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the case of justifiable self-defence, the injured party may repel force with force in defence of his person, habitation, or property, against one who manifestly intendeth and endeavoreth, with violence or surprise, to commit a known felony upon either. In these cases he is not obliged to retreat, but may pursue his adversary till he findeth himself out of danger, and if, in a conflict between them, he happeneth to kill, such killing is justifiable.”
1 later decision quote this exact passage““ * * * The difference between manslaughter and murder in the second degree ‘is the absence of malice and purpose to kill.’ ””
1 later decision quote this exact passagee.g. State v. Fox
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.