State v. Benner’s Empirical Analysis

Citation profile

24 state decisions

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Cross-examination -of an opponent's witness is allowable. Why? Because, being called by him, it is imagined that there is some tie of sympathy or interest which would induce partiality on the part of the witness in favor of the party who called him. If the witness is from any cause adverse to the paity calling-him, the same reasoning which authorized and sanctioned cross-examination more or less vigorous equally requires it when the party finds rhat the witness, whom the necessities of liis case have compelled him to call, is adverse in feeling, is reluctant to disclose what lie knows, is evasive, or false. Important as interrogation may be, if the witness Is friendly, to remold uncertainty and Indistinctness, and to give fullness and clearness, doubly important is it if the witness is dishonest and adverse, to extract from reluctant lips facts concealed from sympathy, secreted from interest, or withheld from dishonesty. Cross-examination may be necessary lo elicit the truth from one’s own witness as from one’s opponent’s witnesses. When the necessity exisis, equal latitude should be allowed in the one case as in the other. The occasion for the exercise of this rigid must bo determined by the judge presiding. It can be by no one else. Its” allowance is a matter of discretion, and is not subject to exception.””

   1 later decision quote this exact passage
   e.g. Clary v. Hardeeville Brick Co.

2. ““When a witness testifies differently in the trial before the petit jury from what he did before the grand jury, the grand jurors may be called to contradict him whether his testimony is favorable or adverse to the prisoner. So, in all cases when necessary for the protection of the rights of parties, whether civil or criminal, grand jurors may be witnesses.””

   1 later decision quote this exact passage
   e.g. State v. Levesque