Smith v. State’s Empirical Analysis

Citation profile

39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The sole question presented for review is the admission into evidence of the pistol and the bullets. The only objection was that such evidence was not material. It is axiomatic that an objection to the admission of evidence or testimony cannot be reviewed in the absence of any ground of objection. See cases collated at 13A Tex.Dig., Criminal Law, *©=1120(8). We cannot bring ourselves to conclude that an objection to the introduction of evidence ‘as not being material to the case’ was sufficiently explicit to point out to the court why appellant objected to the proffered evidence.””

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

2. ““The twenty-first ground of error assigned by appellant grows out of the following questions and answers: ‘Q. (By the prosecutor) : Did you or your brother see him the night you were watching TV? (Appellant’s counsel) : I object to immateriality. THE COURT: Sustained. You don’t know who his brother saw. (Appellant’s counsel) : Note our exception to the court on that.’ The objection made to the court’s comment was too general to apprise the court of any error committed.””

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