43 Ohio App. 2d 63 - State v. Patterson’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the defendant on,trial is a. witness in his own behalf, and the collateral matter inquired about on. cross-examination is a previous crime committed by him which is likely to be considered by the jury as evidence tending to prove him guilty of the offense charged, where in fact the only purpose for which it may rightly be considered is as to the credibility of the witness,- it is generally recognized that such evidence, even if it only creates a suspicion of guilt of a previous crime, is liable to be considered as proof of. guilt of the crime for which defendant is being tried, and it would clearly be the duty of the trial judge, if requested to do so, to then and there instruct the jurors, as to the purpose for which the evidence may be considered, and if such examination results in admissions of former crimes which are collateral to the issues it would be the duty of the trial judge, even if not requested to do . so, to caution the jurors at the time such evidence, is introduced not to consider the,same as evidence of guilt of the crime for which defendant is being tried. ’ ’”

   1 later decision quote this exact passage
   e.g. 49 Ohio App. 2d 291 - State v. Tharp