Royster v. State’s Empirical Analysis
1981
Citation profile
2 federal appellate · 335 state decisions
How this case has been cited
Cited by 339 later decisions — most recently September 2017 · most notably Rousseau v. State (1993), Livingston v. State (1987)
2 federal appellate · 335 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 Sansone v. United States · Sparf v. United States · Berra v. United States · Stevenson v. United States · Simpkins v. State
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 339 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense.”
42 later decisions quote this exact passage · from the concurrencee.g. East v. Scott · Prejean v. State“The question is whether the court erred in refusing this request. The evidence as to manslaughter need not be uncontra-dicted or in any way conclusive upon the question; so long as there is some evidence upon the subject, the proper weight to be given it is for the jury to determine. If there were any evidence which tended to show such a state of facts as might bring the crime within the grade of manslaughter, it then became a proper question for the jury to say whether the evidence were true and whether it showed that the crime was manslaughter instead of murder.... The evidence might appear to the court to be simply overwhelming to show that the killing was in fact múrder, and not manslaughter or an act performed in self defence [sic], and yet, so long as there was some evidence relevant to the issue of manslaughter, the credibility and force of such evidence must be for the jury, and cannot be matter of law for the decision of the court.”
1 later decision quote this exact passage · from the dissente.g. Sweed v. State““ ‘A lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense.’ ” (citations omitted)”
1 later decision quote this exact passagee.g. Redmon v. State
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.