McKee v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we see the proposition in this case, if the agreement of both parties had been fully understood between them — that they were married — that notwithstanding the age of the prosecutrix the marriage would have been merely voidable. But, when the full context of the testimony is considered it appears that defendant had certain reservations concerning whether or not he could marry the prosecutrix (legally or at common-law), because of the uncertain status of his previous divorce. Insofar as the prosecutrix was the only witness produced, and whose testimony defendant stood upon to prove the existence of common-law marriage, we are bound to accept her testimony on the subject.””

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

2. ““We are therefore of the opinion that the trial judge did not commit error when he overruled defendant’s objection to the testimony of the prosecutrix; and consequently in answer to the initial issue presented, on the basis of the record before the Court, the prosecutrix was legally competent to testify against defendant. From the testimony offered by the State, the showing is that defendant did not act and speak in a sufficiently positive manner to evidence his present intent to accomplish a common-law marriage.””

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

3. ““To constitute a valid common-law marriage there must be an actual and mutual agreement to enter into a matrimonial relation, permanent and exclusive of all others, between the parties capable in law of making such a contract, consummated by their cohabitation as man and wife, or their imttual assumption openly of marital duties and obligations." (Emphasis Added.)”

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