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← 49 F.2d 241 - Luse v. United States

Luse v. United States’s Empirical Analysis

49 F.2d 241 · 1931

Citation profile

22
cited by 22 later decisions
3
states following
November 1989
most recently cited

16 federal appellate · 4 state decisions

How this case has been cited

Cited by 22 later decisions — most recently November 1989

16 federal appellate · 4 state decisions

80193119401950196019701980decided

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 People v. Lee Fat · People ex rel. Lee Lin Tai v. Hewill

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. “In view of the necessity of a new [perjury] trial on count 1, we will consider a question which will no doubt again arise on such trial. One of the main difficulties presented in the trial of the [perjury] case was that of proving that the false testimony alleged to have been given [in a previous mail fraud] trial was material to that [mail fraud] trial. It is stated that trial of the former case occupied over a month, that the transcript of the testimony contained about 4,000 pages. The trial of the former case charging fraud involved many transactions over a long period of years (1922-1930). The [defendant-]appellant’s most serious complaint of the course taken by the court below relates to the prejudicial effect of the reading before the jury of the transcript of the evidence given in the former trial, which evidence, it is rightfully claimed, was extremely prejudicial to the appellant because it tended to show that he had been guilty of defrauding widows and others. This claim is predicated upon the proposition advanced by appellant on appeal and acted upon by the court below in its rulings upon the admissibility of the evidence and in its instructions to the jury, to the effect that the question of the materiality of the false evidence alleged to have been given by appellant in the former trial to the issues in that trial was a question of law to be determined upon the trial of this case by the judge; that this question was one not proper to submit to the jury, and that ”
    1 later decision quote this exact passage · from the majority
  2. “It is fundamental that such memoranda are not admissible unless demanded by opposing counsel, in which event, of course, the purpose of the memoranda is to discredit rather than corroborate the witness’s testimony.”
    1 later decision quote this exact passage · from the majority
  3. “it was for the court to say whether or not the false evidence was material”
    1 later decision 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.