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← 86 S.D. 177 - State v. Greene

State v. Greene’s Empirical Analysis

1971

Citation profile

36
cited by 36 later decisions
3
states following
November 2015
most recently cited

36 state decisions

How this case has been cited

Cited by 36 later decisions — most recently November 2015 · most notably 163 W. Va. 40 - State v. Burton (1979), State v. Henry (1973)

36 state decisions

16019711980199020002010decided

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 Dean v. United States · State v. Poppenga · State v. Wood · State v. Wardenburg · State v. Rasch

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The court declined to give four instructions requested by the defendant. He complains of this. The re quests for these were made orally on the settlement of the instructions. This does not comply with the provisions of SDCL 15-6-51(a) which requires that all requests for instructions shall be in writing and in duplicate. It also spells out the physical makeup of them which, if complied with, will enable the trial judge to insert the original of any requested instruction which he adopts in the set which is to be used by the jury. The requirements of this rule must be substantially complied with. 53 Am.Jur., Trial, § 516; 88 C.J.S. Trial § 397, p. 1084. Since they were not, the court did not err in refusing to adopt them.””
    2 later decisions quote this exact passage
  2. “"Venue is not an integral part of a criminal offense. Dean v. United States, 8 Cir., 246 F.2d 335 . It does not affect the question of guilt or innocence of the accused. State v. Rasch, 70 S.D. 517 , 19 N.W.2d 339 . In the Rasch case this court held that when the question of venue was whether the crime was committed within the state, it had to be established beyond a reasonable doubt. However, the reason impelling that conclusion is not present when the question of venue is concerned with counties within the state. Accordingly we hold that in the latter situation proof by a preponderance of evidence is sufficient." State v. Greene, 1971, 86 S.D. 177, 183 , 192 N.W.2d 712, 716 .”
    1 later decision quote this exact passage
  3. ““It is to be observed that the statute permits the court in its discretion to hear the matter summarily and upon such notice as it may direct. The import of this is that it may properly be done without delay or formality.” State v. Greene, 86 S.D. 177, 187 , 192 N.W.2d 712, 718 .”
    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.