State v. Winne’s Empirical Analysis
1953
Citation profile
5 federal appellate · 2 district · 158 state decisions
How this case has been cited
Cited by 166 later decisions — most recently April 2011 · most notably State v. Rush (1966), State v. Leonardis (1977)
5 federal appellate · 2 district · 158 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 United States v. Hess · Yaselli v. Goff · State v. Labato · State v. Weleck · Ex parte Amos
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 166 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The power to quash an indictment rests in the sound discretion of the trial judge, but this discretion should not be exercised ‘except on the plainest ground,’ State v. Ellenstein, 121 N. J. L. 304, 325 (Sup. Ct. 1938), or on ‘the clearest and plainest ground,’ as it was put in State v. Davidson, 116 N. J. L. 325, 328 (Sup. Ct. 1936), or unless the indictment is ‘palpably defective,’ State v. Russo, 6 N. J. Super. 250, 254 (App. Div. 1950), especially where the statute of limitations has run, State v. Tilton, 104 N. J. L. 268, 274 (Sup. Ct. 1928), State v. Acton, 9 N. J. Misc. 55, 58 (Sup. Ct. 1931). Our courts have repeatedly held that ‘discretion ought not to be exercised in a case like this where injustice may be done thereby to the state and where the refusal to exercise it deprives the defendants of no substantial rights,’ State v. Lehigh Valley Railroad Company, 90 N. J. L. 372, 376 (Sup. Ct. 1917).””
4 later decisions quote this exact passage · from the majority“[E]ither by himself or his staff or by the local law enforcement authorities functioning within his county. It is a matter of common knowledge that the local law enforcement authorities from the chanceman on his beat to the chief of police and beyond him to the director of public safety are responsive to the county prosecutor's concept of law enforcement on pain of possible indictment if they do not cooperate with him in enforcing the law. He does not stand alone. He is in a position to command the cooperation of all the law enforcing authorities in the county. [ State v. Winne, supra, 12 N.J. at 168 , 96 A. 2d 63 .]”
4 later decisions quote this exact passage · from the majority“all reasonable and lawful diligence for the detection, arrest, indictment and conviction of offenders against the laws.”
4 later decisions quote this exact passage · from the majoritye.g. Cetrulo v. Byrne · Morss v. Forbes
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.