Smith v. State’s Empirical Analysis
1953
Citation profile
32 state decisions
How this case has been cited
Cited by 33 later decisions — most recently December 1996 · most notably 336 So. 2d 586 - Filmon v. State (1976), 340 So. 2d 922 - Ingram v. Pettit (1976)
32 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 Bessie Cannon v. State of Florida · Russ v. State · Florida Railway & Navigation Co. v. Webster · Florida Southern Railway Co. v. Hirst · 56 So. 2d 543 - Preston 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * It is unlawful to drive a car while `under the influence of intoxicating liquors' but it is not manslaughter if one in such condition runs into and kills another unless `culpable negligence' is shown. We have held that `testimony tending to show that a defendant, charged only with culpable negligence, was under the influence of intoxicants at the time of an automobile collision is admissible, on the theory that a driver so exhilarated is likely to be abnormally reckless.' Taylor v. State, Fla., 46 So.2d 725 . Such evidence, however, cannot make an act wanton and reckless that was not otherwise so. It is valuable and useful only to corroborate or render more likely, evidence that is doubtful or disputed."”
5 later decisions quote this exact passage“"The last clause of Section 5563 of the Revised General Statutes as amended by Chapter 9269 of the Laws of 1923, reads as follows: `* * * and if the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter and, on conviction, be punished as provided by existing law relating to manslaughter.' "The language of the indictment, while sufficient to charge the offense defined in Section 5039, the gist of one element of which is the culpable negligence of the defendant as being the cause of the death, was not sufficient to constitute a charge of manslaughter under this amendatory act. The additional words in the indictment, `being at the time under the influence of intoxicating liquor,' are not, in the commonly accepted meaning of such words, synonymous with or equivalent to the words in the amendatory statute, which are `while intoxicated.' Though all persons intoxicated by the use of alcoholic liquors are `under the influence of intoxicating liquors,' the reverse of the proposition is not true; for a person may be under the influence of intoxicating liquors without being intoxicated. "It is true that Chapter 9269, above referred to, amending Section 5563 of the Revised General Statutes, makes it a misdemeanor for any person `while in an intoxicated condition or under the influence of intoxicating liquors to drive' any automobile or motor vehicle on the streets or highways of this stat”
3 later decisions quote this exact passage“. Carmellini, with thirty-five years' experience as a chef, estimated that he had prepared such flaming dishes over five hundred times in the same manner as on the night of the accident, and had never had an accident before. Can it be said that in mixing the jubilee the danger of injuring one of the guests was imminent, clear and present? Carraway, supra. Or that the negligence shows a grossly careless disregard of the safety, welfare and rights of others which is equivalent to an intentional violation of them? Sauer, supra; Rodriguez, supra. The Stuarts produced evidence that Carmellini”
2 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.