State v. Noland’s Empirical Analysis
1892
Citation profile
52 state decisions
How this case has been cited
Cited by 58 later decisions — most recently February 1974 · most notably State v. Dougherty (1949), State v. Harris (1958)
52 state decisions — followed in 10 states
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 People v. McKinney · Ker v. People · Goodhue v. People · Edmonds v. State · State v. Tuller
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Embezzlement is necessarily peculiar in some of its features, and particularly so when a public officer obtains funds by virtue of Ms office. Unlike the ordinary clerk, lie has no one to watch over his manner of doing business. Manifestly if the rigid rules of the common law, requiring the state to show exactly when he received certain moneys, the character of the money, .... and exactly how he effected the misappropriation, were to obtain, then the statute would be a dead letter. Accordingly the courts of this country, with great unanimity, have not considered the common-law precedents as controlling under similar statutes, and while requiring a substantial compliance with the statutory requirements, and having due regard to the constitutional guaranties, they have construed this law liberally. The fiduciary relation enables the officer to convert funds and securities to his own use, and at the same time renders it almost impossible for the state, in advance, to eharge when and how it was done. Embezzlement often consists of a series of acts, done at different times, but with a common design; and ultimately the one fact appears that there is a shortage. All that can be said is that there is a certain deficit; the public funds have been embezzled to a certain amount.....The circuit court regarded it as one transaction, one in effect and practical result. The attorney general prosecuted on this theory; the court instructed on this view; and the jury found their verdict on thi”
1 later decision quote this exact passagee.g. State v. Dawe“It is not too rigid a rule to require of a public official that he shall not convert to his private use the taxes exacted for the maintenance of the government. The danger lies in the other direction, that of failure to enforce the law of the land impartially.”
1 later decision quote this exact passagee.g. State v. Hailey
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.