Cody v. State’s Empirical Analysis

Citation profile

2 federal appellate · 42 state decisions

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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Photographs and pictures are admissible where they illustrate or clarify some issue of the case. Whenever it becomes relevant to describe a person, place or thing, and photographs and pictures are shown to be a faithful reproduction of whatever they purport to reproduce, they are admissible for the purpose of assisting the court or jury in understanding the situation.””

   3 later decisions quote this exact passage
   e.g. Copeland v. State · Watts v. State

2. ““You are instructed that evidence of other crimes of a precisely similar nature to that charged in the information in this case, and not connected with it, are not admissible to prove the commission of the act involved in this specific charge, but they are given to you for the limited and specific purpose of aiding you in determining the ■quality of the act, and the legal character of the offense charged by illustrating the intent with which the act was committed. “That evidence of the commission of other and similar acts is only to be considered for the purpose of showing the probability of the act charged but that such evidence in and of itself is insufficient to prove the charge contained in the information in this case; and unless you find from the evidence in this case beyond a reasonable doubt, ■exclusive of the evidence tending to show the commission of other crimes that the defendant committed the crime ■charged in the information in this ■case, then you shall not consider the •evidence of other crimes for any purpose whatsoever. “GIVEN & Excepted to by the Defendant. (Sgd) Robert D. Simms Judge of the District Court.” “The general rule is that when a defendant is put upon trial for one offense he is to be convicted, if at all, by evidence which shows that he is guilty of that offense alone and the admission of evidence of other crimes, •either prior or subsequent to the offense for which he is on trial is inadmissible. “Evidence of other crimes in order to be admissi”

   1 later decision quote this exact passage
   e.g. Hudson v. State

3. ““ * * * [that] on the 10th day of September A.D., 1959, in Oklahoma County, State of Oklahoma, KENNETH JOHN CODY whose more full and correct name is to your informant unknown, then and there being, did then and there wilfully, unlawfully and feloniously commit the crime of RAPE IN THE FIRST DEGREE in the manner and form as follows, to-wit: “That is to say, the said defendant, acting conjointly and together and in collusion with Elmore McKelly, in the county and state aforesaid, and on the day and year aforesaid, then and there being, did then and there wilfully, unlawfully, wrongfully and feloniously, and by means of force overcoming the resistance and by means of threats of immediate injury and great bodily harm, accompanied by apparent power of execution, and preventing resistance by then and there holding one IMOGENE CODY, accomplish an act of sexual intercourse by the said defendant, ELMORE McKELLY, with the said IMOGENE CODY, female of the age of thirty-three years, being the wife of the said' defendant, KENNETH JOHN CODY, who acted in collusion with the said defendant, ELMORE Mc-KELLY, to accomplish the act of sexual intercourse, and the said defendant, and the said ELMORE McKELLY, both being male persons over the age of eighteen years, said act of sexual intercourse being accomplished by the defendant and the said ELMORE Mc-KELLY, after having by force and fear overcome the resistance of the said IMOGENE CODY and without her consent and against her will; contrary to th”

   1 later decision quote this exact passage
   e.g. Cody v. State