Fuerst v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In that case (Willis v. State) .the indictment was"for an assault with intent to commit murder in the first degree, and the verdict was :‘We find the defendant guilty, and fix his punishment at two years in the penitentiary. ’ The verdict was held void for uncertainty. Here, it is to be observed, the jury did not say they found the defendant ‘guilty as charged’, as they do in the case now before the court; and it is to be observed also that they fix his punishment at two years, which they could not do if they had found the defendant guily of an assault with intent to commit murder in the first degree, since the lowest term for that offense is three years. By fixing the term at two years, they indicated a purpose to find the defendant guilty of some lower grade, hut what grade ? “The statute (section 7195, supra) (Sec. 11758 of 1932 Code) says, if they.acquit him of the grade charged in terms, they shall specify the grade of which they do find him guilty. This was not done in the case referred to; hence the verdict was held to he fatally uncertain. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Swanner v. State