State v. Gadwood’s Empirical Analysis
1938
Citation profile
78 state decisions
How this case has been cited
Cited by 80 later decisions (2 by the Supreme Court) — most recently January 2002 · most notably Remon Lee v. Mike Kemna Superintendent Crossroads Correctional Center (2002), State v. Smith (1968)
78 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. Young · People v. Sieber · State v. Williams · State v. Frazier · State v. Creighton
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ... In order that the right of self-defense may he restored to a person who has provoked or commenced a combat, he must attempt in good faith to withdraw from the combat. He must also in some manner make known his intention to his adversary; and if the circumstances are such that he cannot notify his adversary, as where the injuries inflicted by him are such as to deprive his adversary of his capacity to receive impressions concerning his assailant’s design and endeavor to cease further combat, it is the assailant’s fault and he must bear the consequences. As long as a person keeps his gun in his hand prepared to shoot, the person opposing him is not expected or required to accept any act or statement as indicative of an intent to discontinue the assault.””
1 later decision quote this exact passagee.g. State v. Winford““[I]f substantial evidence shows the crime charged was consummated the defendant cannot be convicted of a mere attempt. He cannot go to the jury on a charge so light in the face of a prima facie case showing the graver offense was committed, [citation omitted] but must take the hazard of the severer, greater punishment, as in the case of rape.””
1 later decision quote this exact passagee.g. State v. Tyler““The words in the statute ‘when it shall appear’ do not mean when it shall appear conclusively or without dispute; they mean when it shall appear from substantial evidence ... In the instant cause the State made a prima facie case of murder. That being so, the appellant was not entitled to an instruction on felonious assault.””
1 later decision quote this exact passagee.g. State v. Tyler
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.