McBride v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But it is the appellant’s obligation to see to it that all matters essential to the decision of the questions presented by the appeal be included in the record on appeal, and we are doubtful from what we see in the record that this has been done.”

   2 later decisions quote this exact passage
   e.g. Euwer v. City of Palmer · Benson v. State

2. “It is true, of course, that an accused is entitled ‘to be confronted with the witnesses against him.’ But the main and essential purpose of this provision is to secure for the accused the right of cross-examination. McBride had exercised this privilege by cross-examining the witness at the first trial, and a recording of this was heard by the jury at the second trial when the former testimony was introduced by the state. McBride had been ‘confronted’ with the witness who testified against him, and therefore he had enjoyed his constitutional right to cross-examine.”

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

3. ““[t]he question of diligence or lack of it on the part of the state in attempting to find the witness is in the first instance a question of fact for the trial judge to decide, and we shall reverse his decision only if there has been a clear abuse of discretion.””

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