Holliday v. State’s Empirical Analysis

Citation profile

15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * thus the bare circumstance of being found in possession of paraphernalia commonly used in promoting or conducting a lottery, though admissible in evidence for whatever value it may have in support of the inference that the party found in possession was, within the statutory period embraced by the information or indictment, interested in a live lottery, that circumstance standing alone is inadequate to support conviction of the felony. “We do not mean to infer or hold that the circumstances surrounding the possession of lottery paraphernalia may not, when coupled with such possession, be sufficient to warrant the conclusion that it was used by the accused in connection with a live lottery, that being a matter for the jury in each case. It is a lack of competent evidence to support conviction of the felony that compelled our reversal in this case.””

   2 later decisions quote this exact passage
   e.g. Brown v. State · 205 So. 2d 343 - Robinson v. State

2. ““ * * * I feel that it should be made crystal clear on this rehearing that this court does not hold that an essential element of the offense of being ‘interested in or connected * * * with’ a lottery under Sec. 849.09, Florida Statutes, is that the lottery irt question be a ‘live lottery’, that is, a lottery yet to be played as of the time of the defendant’s arrest or the time of the filing of the information against him. “ * * * [T]he evidence must establish that, as of the date of the filing of the information against the defendant, or the return of the indictment, as the case may be, the lottery in question was either one yet to be held or that the acts constituting the violation of the statute occurred within the period prescribed by the applicable statute of limitations.””

   1 later decision quote this exact passage
   e.g. 119 So. 2d 803 - Diecidue v. State

3. “being interested in or connected with a lottery,”

   1 later decision quote this exact passage
   e.g. 170 So. 2d 319 - Miller v. State