Smith v. State’s Empirical Analysis
1967
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently December 1994 · most notably Simpkins v. State (1979), Brown v. State (1972)
31 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 Leh v. General Petroleum Corp. · Burns v. Beto · Boineau v. Thornton · Burns v. State · 88 Tex. Crim. 642 - Mason v. State
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It has been held that witnesses attesting the good reputation of an accused may, as affecting the weight, credibility and sincerity of their testimony, be asked upon cross-examination as to whether they have heard of acts of the accused inconsistent with that reputation. Vance v. State, Tex.Cr.App., 365 S.W.2d 182 ; Linton v. State, 171 Tex.Cr.R. 213 , 346 S.W.2d 320 ; Willard v. State, 170 Tex. Cr.R. 118, 338 S.W.2d 472 ; Edmond v. State, 169 Tex.Cr.R. 637 , 336 S.W.2d 946 .””
3 later decisions quote this exact passagee.g. Hart v. State · Gaines v. State““One of these grounds of error relates to the trial court’s failure to respond to appellant’s objection and charge the jury on the lesser offenses of assault with intent to murder, aggravated assault and simple assault. Instructions on these offenses need not be given unless they are called for by the evidence and this depends upon the facts and circumstances of each case. 29 Tex.Juris.2d Sec. 286, pp. 533, 534. These charges are not called for by the evidence in the case at bar. The mere denial by the appellant of an intent to kill, standing alone, is not sufficient to raise these issues. See Royal v. State, 154 Tex.Cr.R. 567 , 228 S.W.2d 162 . Ordinarily the failure to give a charge on aggravated assault or simple assault is not error where the appellant killed the deceased with a deadly weapon per se. Beasley v. State, 171 Tex.Cr.R. 115 , 346 S.W.2d 123 ; Turner v. State, 148 Tex.Cr.R. 491 , 187 S.W.2d 991 ; Richards v. State, 147 Tex.Cr.R. 118 , 178 S.W.2d 517 ; Blanton v. State, 144 Tex.Cr.R. 198 , 161 S.W.2d 1063 .””
1 later decision quote this exact passagee.g. Dickson v. State
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.