State v. Cottrill’s Empirical Analysis
1888
Citation profile
11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 1988
11 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 Cancemi v. . the People · Oakley v. . Aspinwall · Pierson v. . the People · Slack v. Jacob · Flint River Steamboat Co. v. Foster
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Mark the language: ‘Trials of crimes and misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men.’ This declaration, plain and unmistakable, is that trials of crimes and misdemeanors in West Virginia shall in all cases be by jury, unless somewhere else in the Constitution it is provided that they may, under certain circumstances, be in some other mode. It is not elsewhere provided in the Constitution that such trials shall be in any other mode, except in the trial of impeachments....” [Johnson, J., 31 W.Va. at 181 , 6 S.E. at 438 ] “[Y]et I maintain that where the constitution itself expressly or by necessary implication declares that the trial must be by a jury, that the Legislature can not, even with the consent of the accused, substitute the court in lieu of a jury, and confer upon it jurisdiction to try a cause, the trial of which has been exclusively vested in the jury.” [Emphasis in original] [Woods, J., 31 W.Va. at 190 , 6 S.E. at 443 ] “Without a statute permitting the waiver of trials in misdemean- or cases, I should not hesitate to hold that no consent or waiver by the accused could confer jurisdiction upon the court to try such cases without a jury; but I am wholly unprepared to hold the statute authorizing such waiver unconstitutional.” [Snyder, J., 31 W.Va. at 205-06 , 6 S.E. at 451 ] “Now, as I understand, this last provision is nothing but a clear and distinct announcement of the meaning of the phrase, ‘the right of trial by jury shall”
1 later decision quote this exact passage · from the majority“[Y]et I maintain that where the constitution itself expressly or by necessary implication declares that the trial must be by a jury, that the Legislature can not, even with the consent of the accused, substitute the court in lieu of a jury, and confer upon it jurisdiction to try a cause, the trial of which has been exclusively vested in the jury.”
1 later decision quote this exact passage · from the majority“Without a statute permitting the waiver of trials in misdemeanor cases, I should not hesitate to hold that no consent or waiver by the accused could confer jurisdiction upon the court to try such cases without a jury; but I am wholly unprepared to hold the statute authorizing such waiver unconstitutional.”
1 later decision quote this exact passage · from the majority
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.