State v. Painter.’s Empirical Analysis
1931
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently February 2008 · most notably Commonwealth v. Giacobbe (1941), State v. Williams (1935)
28 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 State v. Partlow · State v. Malone · People v. Duncan · State v. Gilmore · State v. Jaggers
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court instructs the jury that the right to defend one's self from danger is known under the law as the right of self-defense and is a right which the law not only concedes, but guarantees to all men. "If, at the time of the fight mentioned in evidence, defendant had reasonable cause to believe there was on the part of plaintiff a design to do him some great personal injury, and there was reasonable cause for him to apprehend immediate danger of such design being accomplished and to avert such apprehended design, defendant did strike and fight plaintiff and at the time he did so, defendant had reasonable cause to believe and did believe it was necessary for him to do so to protect himself from such apprehended danger, then, and in that case, defendant's acts were justifiable, and you should find for him on the ground of self-defense. It is not necessary to this defense that the danger should have been actual or real, or that the danger should have been impending and immediately about to follow. All that is necessary is that defendant had reasonable cause to believe and did believe these facts, unless you believe and find from the evidence that the defendant brought on the difficulty for the purpose of doing plaintiff great bodily injury as defined in another instruction given you herein.”
1 later decision quote this exact passagee.g. O'Shea v. Opp“if defendant sought and entered into the difficulty for the purpose of inflicting upon the deceased death or great bodily harm, he thereby lost the right to *Page 1053 invoke self-defense. If he sought or voluntarily entered into the difficulty without such felonious intent, he would still have what has sometimes been termed the right of imperfect self-defense, not a complete exoneration, but which would reduce the grade of homicide to manslaughter.”
1 later decision quote this exact passagee.g. O'Shea v. Opp
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.