State v. Burtts’s Empirical Analysis
1964
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently December 2004 · most notably State v. Childers (1977), State v. Goodroad (1997)
44 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 Bad Elk v. United States · State Farm Mutual Automobile Insurance v. Cassinelli · State v. Bates · State v. Nelson · Hjermstad v. Petroleum Carriers, Inc.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“embraces matters and statements immediately antecedent to ... the main transaction.”
2 later decisions quote this exact passagee.g. State v. Jones · State v. Pasek““Mrs. Burtts was incompetent to testify against the defendant, her husband. SDC 1960 Supp. 36.0101 (1). However, she was not called to testify and, as we have said, the statements of the wife were a part of the res gestae. Consequently, the statute rendering the wife incompetent to testify against her husband did not make inadmissible the testimony of either Quenzer or the police officers as to the declarations and statements of the wife. The competency of the declarant is not an essential prerequisite to proof of her declarations as a part of the res gestae. Declarations and statements made by one spouse against the other, are admissible against the other when part of the res gestae, (citing cases.)” (p. 156.)”
1 later decision quote this exact passagee.g. State v. Childers““What in any case is a part of the res gestae of a crime depends upon the character and circumstances of the particular case. We believe what occurred and was said between defendant’s assault upon his wife, the calling of the police, and his subsequent arrest was so intimately connected in time and place with the crime charged that it constituted a part of the res gestae and was admissible.” State v. Burtts, 1964, 81 S.D. 150 , 132 N.W.2d 209 .”
1 later decision quote this exact passagee.g. State v. Bonrud
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.