State v. Polk’s Empirical Analysis
1975
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently April 2019 · most notably State v. Barber (1982), State v. Cheesebrew (1978)
33 state decisions
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 State v. Burns · State v. Virdure · State v. Young · State v. Jefferson · State v. Berry
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To sustain a conviction for possession of a controlled substance in violation of § 195.020 RSMo. it is essential that the State prove that the defendant did knowingly and intentionally have in his possession the proscribed controlled substance. It is not sufficient that it prove only actual or constructive possession, but the test is whether the defendant was aware of the presence and character of the particular substance, and was intentionally and consciously in possession of it. State v. Burns, 457 S.W.2d 721, 724 [1] (Mo.1970) said: ‘Possession without knowledge of such possession is not possession in the legal sense of that word Knowledge of the existence of the object is essential to physical control thereof with the intent to exercise such control and such knowledge must necessarily precede the intent to exercise or the exercise of such control . . .’ Burns, supra, was followed in State v. Berry, 488 S.W.2d 667, 669 (Mo.App.1972).” ****** “The decisive issue in this case as we conceive it is whether the State is entitled to the ‘inference’ of knowledgeable and conscious possession of narcotics from the facts of exclusive possession of the premises where only ‘traces’ of heroin are found in some capsules contained in a box hidden in a bedroom closet in the apartment occupied by the defendant. We have read no case where a finding of ‘traces’ of a narcotic alone has been held sufficient to support a finding that the defendant had possession of the narcotic ‘in the legal s”
4 later decisions quote this exact passagee.g. State v. Padgett · State v. Kopp“... under the peculiar facts and circumstances of this particular case where the only evidence to support the conviction of possession of a controlled substance ... is that an amount of the controlled substance which is so miniscule as to constitute a mere “trace” and which is immeasurable and consumed in the performance of the basic test necessary for identification of the substance is insufficient to support a finding that the accused was knowingly, intentionally and consciously in possession of the controlled substance[.]”
2 later decisions quote this exact passagee.g. State v. Breese · State v. Smith“did knowingly and intentionally have in his possession the prescribed controlled substance. It is not sufficient that it prove only actual or constructive possession, but the test is whether the defendant was aware of the presence and character of the particular substance, and was intentionally and consciously in possession of it.”
2 later decisions quote this exact passagee.g. State v. Williams · State v. Baker
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.