State v. Mitchell’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule is well settled that the court’s failure to instruct on some features of the case will be reviewable error only when and if the party has requested proper or correct instructions upon the subject. We have held heretofore (State v. Williams, 39 N.M. 165 , 42 P.2d 1111 ) that the rule requiring the submission of correct and proper instructions before error in refusing to give some instruction upon the question may be reviewable, ‘must be consistent with and sometimes give way to the higher consideration of justice,’ and appellant here was clearly entitled to have the question of simple assault submitted. The court was advised of this desire by a sufficient though perhaps not altogether technically accurate or complete instruction.””

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

2. “And, there being evidence in the case sufficient to justify a jury in finding appellant guilty of simple assault only, this should have been submitted by the court, [id. 141, 87 P.2d 433 ].”

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