Fulbright v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Chapman v. State, 84 Okl.Cr. 41 , 178 P.2d 638 , we stated: < * * * A common law relationship is contractual, just as is a ceremonial marriage. It must be founded upon a mutual agreement, to enter into a matrimonial relation, permanent and exclusive of all others, between parties capable of entering into such a contract; consummated by their cohabitation as man and wife as well as their open assumption of other marital duties. When such a claim is made, it must be supported by proof of these elements, Bothwell v. Way, 44 Okl. 555 , 145 P. 350 . The mere fact of living together, even if accompanied by cohabitation, does not constitute marriage, but only evidence thereof tending to raise a presumption thereof, Gustin v. Carshall, 156 Okl. 173 , 10 P.2d 250 . Such a relationship, to be valid, must be supported by the recognition of the marriage relation by the parties themselves, by holding out each other as the husband and wife, respectively, Davis v. Reeder, 102 Okl. 106 , 226 P. 880 . In the absence of children, the evidence to establish such relationship must be clear and convincing. Moreover, the proof of the reputation of the relationship must be general and not special, or divided, Richard v. Richard, 172 Okl. 397 , 45 P.2d 101 . * * * ’ ””

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

2. “"Where trial court conducted evidentiary hearing concerning motion to suppress defendant’s statement in murder prosecution and court found that defendant had been given his. Miranda rights and that statement was voluntary, question of vol-untariness was properly submitted to jury.””

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