Moore v. State’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 64 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While there is an affidavit of the prisoner *Page 221 stating that he only became aware of the fact that this witness gave his testimony without being sworn, after the trial was concluded, yet the record is silent as to when his counsel discovered it. That there was irregularity in thus accepting this testimony is true, but it was one that would easily and promptly have been remedied by the court if attention had been called to it during the trial. The record discloses that after the examination in chief by the State he was turned over to the attorneys of the plaintiff in error, who cross-examined him as one fully qualified to testify. Having thus gone forward without inquiry or objection it must now be taken that there was an implied waiver of the oath of the witness, which is conclusive on the prisoner as well as the State.”

   1 later decision quote this exact passage
   e.g. The People v. Krotz