State v. Howe’s Empirical Analysis
1949
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently May 1994
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 B.W.L. Sam v. State · White v. State · Rain v. State · State v. Barry · State v. Burney
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In dealing with a similar situation in the case of Rain v. State, 15 Ariz. 125 , 137 P. 550, 553 , we laid down the following governing principle of law, viz: “ ‘The appellant complains that the court should have granted his motion, and should have instructed the jury to acquit when the state rested its case in chief, for the reason the state had failed, when it rested its case in chief, to produce evidence sufficient to support a conviction. The appellant waived that error, if any, when he proceeded with the trial, after the motion was denied. In order to preserve the right to have such order reviewed, he should stand upon his motion. Having voluntarily proceeded with the trial of the case, during the course of such proceeding other evidence was received; we must consider the whole case regardless of the state of the case when the prosecution rested. If other evidence was offered by the state thereafter, which would cure the defects or omissions, if any, appearing in the state’s case in chief, we must consider that such evidence was received for that purpose, although received out of its logical order. * * *’ See also later case of Washington v. State, 46 Ariz. 446 , 52 P.2d 476 , to the same effect. “We hold that when a defendant elects to go forward with his proof and does not stand upon his motion, he takes the chances of having deficiencies in the state’s case supplied by later testimony of either the defense or prosecution. The question of the sufficiency of the eviden”
1 later decision quote this exact passagee.g. State v. Weis““It is the better practice for the state to prove venue by direct evidence, yet if venue is proven by circumstances or by indirect evidence, or if there be proof of facts from which the court takes judicial knowledge of venue, it will be sufficient.” 69 Ariz. at 201 , 211 P.2d at 468 (Emphasis supplied.)”
1 later decision 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.