McKee v. Johnston’s Empirical Analysis
125 F.2d 282 · 1942
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 5 later decisions — most recently June 1988
4 federal appellate ·
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 McKee v. Johnston · Poffenbarger v. United States · Poffenbarger v. Aderhold · Touhy v. United States · Colson v. Johnston
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The contention urged by appellants is neither novel nor original; a similar assertion was made, and overruled, in Poffenbarger v. United States, 8 Cir., 20 F.2d 42, 45 , where the court said: ‘It is insisted that the taking of the mail bags and the abstracting of the contents of the bags constitute but one offense. We are unable to agree with this contention. The test of identity of the offenses when double jeopardy is claimed is whether the same evidence is required to sustain them. * * * Additional evidence is required to substantiate and prove the charge of taking and abstracting the contents of the mail bags, than was required to prove the offense of taking the bags from the mail train. We are of the. opinion that the taking of the contents of the mail bags is a separate and distinct offense from the taking of the bags from the mail train. * *’ ””
1 later decision quote this exact passage · from the majority
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.