308 So. 2d 68 - Newell v. State’s Empirical Analysis
1975
Citation profile
9 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 2010
9 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 Dunn v. United States · United States v. Dotterweich · 308 So. 2d 71 - Newell v. State · Wages v. State · State v. Rush
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the defendants ... had been tried separately on the same indictment and the testimony had been identical in both cases, an acquittal of one would not affect a verdict of guilty as to the other. The rule should be the same when they are tried together.”
2 later decisions quote this exact passage“It is first argued that after the jury retired to consider its verdict, the court could not thereafter given an instruction to the jury. In Wages v. State, 210 Miss. 187 , 49 So.2d 246 (1950), this Court found no reversible error when, in response to an inquiry from the jury after it had retired to consider its verdict, the trial court granted an instruction. Conceding that the proper procedure requires that all instructions be submitted before the jury retires, the Court in Wages said that a clear understanding by the jury of the controlling issues was more important that following the letter of procedural formula, and that what the jurors are instructed upon is more important than when it is done. On the authority of Wages , we hold that instructing the jury after it had retired to consider its verdict was not reversible error. Rule 14, Uniform Rules of the Circuit Courts, requiring instructions to be filed twenty-four hours in advance of trial may be and often is, out of necessity, waived.”
1 later decision quote this exact passage“The court has received an inquiry from the jury as follows: Can the jury convict one and acquit the other? The answer the Court gives you to this question is that you can.”
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.