State v. Mudgett’s Empirical Analysis
1975
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently December 2009 · most notably State v. Franco (1976), State v. Garrett (1982)
39 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 Stevenson v. United States · State v. Stapleton · State v. Clough · State v. Crow · State v. Alewine
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Stapleton construed Ayers to require that, where conventional murder instructions are supported by the pleadings and evidence and are given, there must be an automatic submission of manslaughter. This requirement has been in effect since March 1, 1975 (See MAI-CR 6.02, Caveats). This requirement was not instituted by Ayers . Any contrary implication from the language appearing in Staple-ton is unfortunate if automatic submissions were made prior to March 1, 1975. * sfc * ⅜ s-c * The significance of Ayers lies only in its emphasis on ‘the relative functions of judge and jury in a felonious homicide case,’ and in its holding that it is the duty of the judge to instruct on lesser grades of homicide unless he can declare, as a matter of law, that there is no evidence to support such submission.”
1 later decision quote this exact passage · from the concurrencee.g. Love v. State“[I]t “is not the assault or the provocation alone that reduces the grade of the crime, but it is the sudden happening or occurrence of the provocation so as to render the mind incapable of reflection and obscure the reason so that the elements of malice and deliberation necessary to constitute murder are absent, and therefore the crime is not murder, but manslaughter.” State v. Mudgett, 531 S.W.2d 275, 280 (Mo.banc 1975), citing, State v. Clough, 327 Mo. 700, 705 , 38 S.W.2d 36, 38 (Mo.1931).”
1 later decision quote this exact passagee.g. Lopez v. State““If, as a matter of law, the court can declare that there is an entire absence of evidence upon which to support a verdict of guilty of a particular offense (whether it be murder in the first degree, murder in the second degree, or manslaughter), the court should not instruct thereon.” (emphasis added)”
1 later decision quote this exact passagee.g. State v. Porter
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.