State v. Thompson’s Empirical Analysis
1946
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 24 later decisions — most recently March 2013
2 district · 22 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 State v. Haney · Magwire v. People · State v. Davidson · State v. Hayes
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.
“It has always been understood — the inference, indeed, is one of the simplest in human experience — that a party’s falsehood or other fraud in the preparation and presentation of his cause, his fabrication or suppression of evidence by bribery or spoliation, and all similar conduct is receivable against him as an indication of his consciousness that his case is a weak or unfounded one; and from that consciousness may be inferred the fact itself of the cause’s lack of truth and merit. The inference thus does not necessarily apply to any specific fact in the 'cause, but operates, indefinitely though strongly, against the whole mass of alleged facts constituting his cause.”
2 later decisions quote this exact passage“The female need not resist as long as either strength endures or consciousness continues. Rather the resistance must be proportioned to the outrage; and the amount of resistance required necessarily depends on the circumstances, such as the relative strength of the parties, the age and condition of the female, the uselessness of resistance, and the degree of force manifested. * * * Stated in another way, the resistance of the female to support a charge of rape need only be such as to make nonconsent and actual resistance reasonably manifest. * * * Further, the resistance must be in good faith and not a mere pretense. * * *”
1 later decision quote this exact passagee.g. State v. Havens“an act of sexual intercourse with a female named Davine Shangreaux, she not being the wife of the defendant, she being- under the age of 18 years, to wit: 15 years of age, and she being prevented from resisting said act by threats of immediate and-great bodily harm accompanied by an apparent power of execution in violation of SDC 13.2801, * * *”
1 later decision quote this exact passagee.g. State v. Barber
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.