Mack v. State’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 evidence being clearly competent, and having been introduced by the state, it would seem to be equally clear that the accused should have been permitted to prove the same conversation by any other witness who was present and heard the same. She would not be concluded by the version of it given by the witness Dickerson. She looked upon him as prejudiced, and claimed that he had not given a true version thereof. The law having made her a witness in her own behalf, she was as competent to testify upon the subject as any other person who might have been present and heard the same. . . . when one party has given a conversation in evidence, or a part thereof, which is material in the case, the other has the right to give his version of the same conversation by other witnesses who were present and heard it.” (Pp. 277-78)”

   1 later decision quote this exact passage
   e.g. 74 Wis. 2d 425 - State v. Lenarchick

2. ““ Though it be true that the judge, upon the trial of a, criminal case, should not permit the time of the court to • be wasted in hearing evidence which is entirely disconnected with and immaterial to the real issues, and which may mislead and confuse the jury, yet, on the other hand, for the furtherance of justice, and the protection of the state, a liberal rule should be adopted in the- admission of evidence, and no evidence offered by the accused should be rejected when its immateriality is not clearly apparent.””

   1 later decision quote this exact passage
   e.g. State v. O'Neil