Public-domain · open source
OpenJurist
← 44 KAN 618 - State v. Douglass

State v. Douglass’s Empirical Analysis

1890

Citation profile

10
cited by 10 later decisions
3
states following
June 1971
most recently cited

1 federal appellate · 9 state decisions

How this case has been cited

Cited by 10 later decisions — most recently June 1971

1 federal appellate · 9 state decisions

50189019001910192019301940195019601970decided

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 Clem v. State · White v. People · State v. Cox · Allen 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““. . . [N]or have we any statute making the consenting to even the commission of a crime an offense, unless the consent amounts to the counseling, aiding, or abetting in the commission of such crime. Hence, where a thing is not an offense at all, a party cannot be guilty of committing an offense by merely consenting thereto; and even where the thing is an offense, a party can be guilty of committing an offense by consenting thereto only where his consent is of that affirmative and expressed character which amounts to a counseling, aiding, or abetting in the commission of the offense. ‘He must do or say something showing consent to the felonious purpose, and must contribute to its execution.’ (1 Am. & Eng. Encyc. of Law, 63, 64.) “. . . And that mental consent to a crime, where no expressed consent is given by any word or act, does not make the person consenting guilty of an offense, see the following authorities: Clem v. The State, 33 Ind. 418 ; The State v. Cox, 65 Mo. 29 ; White v. The People, 81 Ill. 333 ; The State v. Hildreth, 9 Ired. Law, 440 ; same case, 51 Am. Dec. 369 ; 1 Whar. Cr. Law, §§ 211, 211a, 211d. . . . “In the case of The State v. Cox, ante, it was held that ‘The mere mental approval by a bystander of a murder committed in his presence, does not make an accomplice in the murder.’ . . .” (pp. 625, 626.)”
    2 later decisions quote this exact passage · from the majority

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.