State v. Narich’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * the question whether the defendant, when he committed the act for which he is on trial, had the mental power to entertain a criminal intent, and did entertain it, can be reached best by submitting to the jury a test founded solely upon statute. * * * The question for determination being, was the defendant, when he committed the act, sane, or affected with insanity? * * * The jury may determine the fact [of insanity] from the testimony adduced before it, no matter what may be the character of the insanity attributed to the defend ant. This includes * * * insane delusions and insane irresistible impulses.’ ” This case has been cited and followed by State v. Simpson, 109 Mont. 198 , 95 P.2d 761 , and State v. Kitchens, 129 Mont. 331 , 286 P.2d 1079 . See also Kitchens v. United States (10th Cir., 1959) 272 F.2d 757 .”

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

2. ““ * * The jury may determine the fact from the testimony adduced before it, no matter what may be the character of the insanity attributed to the defendant. This includes, of course, insane delusions and insane irresistible impulsesIn our opinion, the defendant was in no manner prejudiced by the giving of the instruction complained of, in view of the other instructions of the court given, elaborating on the subject. In the trial of such cases in the future, district courts are admonished to make their instructions to the juries as plain and simple as possible, and to avoid numerous instructions on the subject, as too many given are confusing and serve no useful purpose. One or two given in the ordinary case should be sufficient.””

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

3. ““Returning now to a consideration of the instructions given by the court to the jury on the question of the defendant’s alleged insanity, with these settled principles of law before us, it will be seen that the instructions given to the jury in this case fully and fairly present the law applicable to the evidence, although instruction No. 26, standing alone, xoould be objectionable." Emphasis supplied.”

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