State v. Johnson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is particularly objected that the word ‘feloniously’ is used in the instruction to express the intent with which the act must have been done in order to make it criminal, and the word being technical should have been prop'erly defined. It was said by Judge Henry in State v. Snell, 78 Mo. 242 , in speaking of this word and the necessity of defining it, that ‘it is employed to classify offenses, but is not a distinct element of a crime. If the facts proved establish a felony, then the crime was committed feloniously; if they establish a misdemeanor, the offense was not feloniously done. A correct definition of the word could not have aided the jury in their deliberations.’ In State v. Scott, 109 Mo. 226 , it is said: ‘The word “felonious” is descriptive of the grade of the offense, rather than of the criminal act which constitutes the offense, and ordinarily has no place in an instruction. ’ Robbery is made a felony by statute, and the act of robbing is felonious, and all robbery is feloniously done. The use of the word in the instruction threw no light whatever upon the transaction. A correct definition could not have aided the jury in its deliberations, nor could the failure to define it ‘have prejudiced defendant’s case, or been an obstacle in the way of the jury to a proper verdict on the law and facts, as was said in State v. Snell, supra. We do not wish to be understood as saying or implying that the jury should not have been instructed as to what facts if proven, wou”

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