State v. Spade’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have long held that the State is not necessarily bound by a date specified in an indictment when time is not an element of the crime charged and proof that the event happened on the precise day named in the indictment is not required. E.g., State v. Skillings, 99 N.H. 427 , 113 A.2d 490 (1955); State v. Kennard, 74 N.H. 76 , 65 A. 376 (1906); State v. Kelley, 66 N.H. 577 , 29 A. 843 (1891); State v. Blaisdell, 49 N.H. 81 (1869).””

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

2. ““Courts have generally held that if time is not of the essence of an offense charged, an erroneous or defective allegation as to ... time ... is a matter of form which may be corrected .... Amendment is not allowed, however, when the circumstances of the case are such that a change must be regarded as a matter of substance, as effecting a change in the offense charged, or as adding an offense.””

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

3. ““No indictment, complaint, return, process, judgment or other proceeding, in any criminal case in the courts or course of justice, shall be abated, quashed or reversed for any error or mistake where the person or case may be rightly understood by the court, nor through any defect or want of form or addition; and courts and justices may, on motion, order amendments in any such case.””

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