State v. Legg’s Empirical Analysis
1906
Citation profile
1 federal appellate · 20 state decisions
How this case has been cited
Cited by 21 later decisions — most recently March 2002
1 federal appellate · 20 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 Hinshaw v. State · State v. Clifford · Shaw v. State · Howard v. McDonough · Commonwealth v. Jeffs
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The witness, in proceeding to testify from a present or existing recollection, may be unable to do so by unaided mental effort, but by resort to some memorandum or writing, his memory may be so stimulated and refreshed as to enable him to recollect the fact, and where this is so, it is not proper to introduce the writing in evidence, or read it in the presence of the jury, because it forms no part of the testimony, being used only for the purpose of aiding the mental effort of the witness to recollect the particular transaction.”
1 later decision quote this exact passage · from the majority“‘[I]t is not the memorandum that is the evidence, but the recollection of the witness,’ the party whose witness uses it has no right to have it read or handed to the jury; it is only the opponent who wishes to do this in case he wishes to cast doubt on the reality of the refreshment of memory.”
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.