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← 98 ALA 63 - Blackburn v. State

Blackburn v. State’s Empirical Analysis

1893

Citation profile

7
cited by 7 later decisions
3
states following
June 1951
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently June 1951

7 state decisions

201893190019101920193019401950decided

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 Hussey v. State · Kilgore v. State · Ward v. State · Walker v. State

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

  1. ““Such declarations arc not admissible unless they appear to have been made under a sense of certain and impending death. It is not what the court, which passes upon .their admissibility, may believe the character of the deceased was; for, although it may appear to the court, or to any one capable of thinking rationally, that there was no possible hope of recovery, yet the question, aside from that is, what was the state of the declarant’s mind, when the declarations were made; did he appreciate the fatal character of his injury, and were his declarations uttered under the sense and solemnities of impending dissolution. If so, then, when the death of the deceased is the subject of the charge, and the circumstances the subject of the dying declarations, they may be admitted in evidence, otherwise not.” Walker v. The State, 52 Ala. 192 ; Kilgore v. The State, 4 Ala. 7 ; Ward v. The State, 78 Ala. 441 ; Hussey v. The State, 87 Ala. 121 .” See also Wharton on Homicide, 3rd ed., sees. 631, 632, 634 and 637; Underhill on Criminal Evidence, sections 102 to 104, inclusive; Encyclopedia of Evidence, vol. 4, pages 922 to 930.”
    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.