People v. Gilbert’s Empirical Analysis
1965
Citation profile
29 federal appellate · 3 district · 383 state decisions
How this case has been cited
Cited by 428 later decisions (3 by the Supreme Court) — most recently November 2013 · most notably Gilbert v. California (1967), 11 Cal. 3d 738 - People v. Thornton (1974)
29 federal appellate · 3 district · 383 state decisions — followed in 13 states
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 Escobedo v. Illinois · Ker v. State of California · 46 Cal. 2d 818 - People v. Watson · McDonald v. United States · Agnello v. United States
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 428 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Murder is the unlawful killing of a human being, with malice aforethought. “The word ‘aforethought’ means only that the intent must precede the act as distinguished from afterthought. ‘ Aforethought’ does not imply deliberation or the lapse of considerable time. “As used in connection with murder, ‘malice’ may be implied when the killing results from an act done by the defendant involving a high degree of probability that it will result in death, which act is intentionally done for a base, antisocial motive and with wanton disregard for human life. “The term ‘malice’ does not necessarily imply a pre-existing hatred or enmity toward the person killed. “As previously stated, the killing must result fmm an act done by the defendant. The killing results from an act done by the defendant if he, with a conscious disregard for life, intentionally commits an act that is likely to cause death,. and a police officer kills in reasonable response to such act. ’ ’”
5 later decisions quote this exact passage“`a high degree of probability that it will result in death'”
4 later decisions quote this exact passage“Although the evidence in the present case would support a conviction of first degree murder on the ground that Weaver was killed in response to a shooting initiated by Gilbert, the court did not instruct the jury on that ground, but gave an erroneous instruction that defendants could be convicted of murder for that killing without proof of malice and solely on the ground that they committed a robbery that was the proximate cause of their accomplice's death. This instruction withdrew from the jury the crucial issue of whether the shooting of Weaver was in response to the shooting of [the slain policeman] or solely to prevent the robbery.”
3 later decisions quote this exact passage
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.