State v. Mount’s Empirical Analysis
1959
Citation profile
14 federal appellate · 4 district · 47 state decisions
How this case has been cited
Cited by 69 later decisions (2 by the Supreme Court) — most recently July 2002 · most notably United States v. Jackson (1968), 60 Cal. 2d 631 - People v. Morse (1964)
14 federal appellate · 4 district · 47 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
Applies 18 U.S.C. § 1111
Relies on Stroud v. United States · Elgin National Watch Company v. Illinois Watch Case Company W · Fisher v. United States · Cannon v. Ellis · Commonwealth v. Williams
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““I shall now discuss with you, members of the jury, the matter of the substance and form of your verdicts, in the event that you find one or both of these defendants guilty of murder. First of all, it is mandatory that any verdict you may reach in respect to each of these defendants must represent a completely unanimous agreement by all twelve of the jurors who shall finally decide this case. There must be complete accord among all twelve as to every element of any verdict returned. I think it would be well for me to repeat at this time a provision of our statute that I earlier read to you. I quote: ‘Every person convicted of murder in the first degree, his aiders, abettors, counsellors and procurers, shall suffer death, unless, the jury shall by its verdict, and as a part thereof, upon, and after the consideration of all of the evidence, recommend life imprisonment, in which case this and no greater punishment shall be imposed.’ “This, members of the jury, is a first-degree case. On the evidence presented to you either or both of these defendants are guilty of murder in the first degree, or he or they are not guilty. We are not here concerned with any other degree of murder. In the event that you should find either of these defendants guilty of murder in the first degree, you must keep in mind that your duty in regard to that defendant does not end there. It is your duty to determine the character of the punishment that shall be imposed on that particular defendant. And in p”
1 later decision quote this exact passage · from the majority“When the trial court interrupted to stress that the jury’s omission of a recommendation would not necessarily mean death to the defendant because ‘we have appeal courts and everything else, so a lot of things could happen,’ and to point out that only the other day a murder conviction was ‘reversed by the Supreme Court,’ it tended to dilute the jury’s crucial sense of responsibility.” (l”
1 later decision quote this exact passage · from the majority“"But where a life is at stake, this court does not hesitate in the interests of justice to invoke the plain error rule (R.R. 1:5-1) and to reverse where the trial errors were impregnated with the likelihood of having harmed the substantial rights of the defendant." 152 A.2d at 352 .”
1 later decision quote this exact passage · from the majoritye.g. Hill v. State
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.