Smith v. State’s Empirical Analysis

Citation profile

123 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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . .A voir dire examination is for the purpose of advising counsel of the juror’s qualification, interest, or bias, as a matter of fact, presupposing his statutory competence, that is, age, residency, etc. The subjacent purpose is to enable the exercise of one’s peremptory challenges. In this process, it has been held, and it seems to us fairly so, that proper fields of inquiry include the juror’s occupation, habits, acquaintanceships, associations, and other factors, including his experiences, which will indicate his freedom from bias. . . .” [Cited authorities omitted].”

   4 later decisions quote this exact passage · from the majority
   e.g. Nease v. State · State v. Onidas

2. ““ ‘Circumstantial evidence may by itself be sufficient proof of the commission of a crime and sufficient proof on which to base a conviction.’ * * * “ ‘In the effort to guard against improper verdicts, it is commonly stated that in determining the sufficiency of circumstantial evidence, (1) all the essential facts must be consistent with the hypothesis of guilt, as that is to be compared with all the facts proved; (2) the facts must exclude every other reasonable theory or hypothesis except that of guilt; and (3) the facts must establish such a certainty of guilt of the accused as to convince the mind beyond a reasonable doubt that the accused is the one who committed the offense.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Newby v. State · Jamison v. State

3. ““(33) The full argument of the District Attorney General as was made to the jury is contained in one small volume among the volumes of this record. The plaintiffs in error complain as to portions of this argument. They assign it as error wherein the District Attorney General argued that if they found the plaintiffs in error not guilty and turned them loose that'they would be branding a woman witness who testified against one of them as a whore. This is not error because that is exactly what the plaintiffs in error attempted to do in their testimony about this woman. There is certainly ample proof in the record, what the plaintiffs in error said themselves, that entitled this to be argued and answered by the District Attorney General. Complaint is also made along this line that the District Attorney General argued in effect and contended in his argument that the plaintiffs in error were criminals and gangsters. This argument was warranted by the evidence, if for nothing more was warranted under the voluntary statement made by the plaintiff in error Smith that he had been so branded over a period of time. Arguments of the kind were not prejudicial or intemperate but were warranted from the facts and circumstances of the case. When such is true certainly the District Attorney General cannot be censured for arguing the facts as he saw them.””

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