Kerese v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Statute is not open to construction. One of the first rules to guide a Court in applying a Statute, is never to undertake construction, where the law is perfectly plain. This is perfectly plain, and its meaning is neither absurd, impossible of enforcement, or unreasonable. It is, in our judgment, a humane and highly expedient law; designed to protect the citizen from the vexation, expense, and very often injustice of a trial long delayed. If the demand is made then, there is but one single condition precedent to trial or discharge, and that is, that a Jury at the term when it is made, and also at the term when the discharge is made, be impaneled and qualified to try the prisoner. If there is at these terms, a jury impaneled, who are qualified to try the prisoner, and he is not tried, then, says the law-making power of this Commonwealth, `he shall be absolutely discharged, and acquitted of the offense charged in the indictment.' Can anything be freer from ambiguity? We can add no qualifications or limitations to this Act — we can create no exceptions, and can make no additions.”

   1 later decision quote this exact passage
   e.g. 108 Ga. App. 548 - Dickerson v. State

2. “with an eye open upon them all, passed the law as we find it. It is said that this ruling will turn out one-half the criminals before the Courts, without a trial. We do not believe this; but if it be true, what better answer to such a suggestion, than that the Legislature have so ordered it?”

   1 later decision quote this exact passage
   e.g. State v. Varner