State v. Clark’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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant asked the court to give instructions on all the degrees of manslaughter except the first. The court requested counsel to formulate a theory on which instructions respecting manslaughter in the second, third and fourth degrees should be given, which he failed to do. The court was justified in refusing to instruct on manslaughter in the first degree, but, as to the other degrees, the failure of counsel to formulate a theory on which the court might instruct was not a sufficient reason for such refusal. The testimony itself, without the aid of counsel, presented to the court a sufficient theory on which to base instructions respecting the several degrees of manslaughter to which we have referred. Section 5681 of the General Statutes of 1901 requires the court, in a criminal case, to state to the jury all matters of law which are necessary for their information in giving a verdict. This must be done without request from the defendant. (Craft v. The State of Kansas, 8 Kan. 450 .)” (Page 585.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Winters

2. ““On the trial of a person indicted for murder, although the evidence may appear to the court to be simply overwhelming to show that the killing was in fact murder, and hot manslaughter or an act performed in self-defense; yet, so long as there is evidence relevant, to the issue of manslaughter, its credibility and force are for the jury, and can not be matter of law for the decision of the court. (Stevenson v. United States, 162 U. S. 313 , syl.) ” ( 69 Kan. 584 .)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Truskett

3. ““The effect of the instructions given was a ruling by the court that the circumstances of the homicide confined the offense to a willful, deliberate and premeditated killing, which is murder in the first degree, or to a murder done purposely and maliciously, but without deliberation and premeditation, which is murder in, the second degree.” (p. 581.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Truskett