Cohen v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we construe sec. 847.01(1), supra, scienter or knowledge of the obscene, lewd, etc. character of the books and other articles described in the statute is impliedly included in the statute. This means that one prosecuted under the statute must be charged with having committed the acts prohibited with knowledge of the obscene character of the documents or articles involved, and further that the state must prove such ■knowledge of the accused at the trial. * * [in] Smith v. People of State of California, * * * the state trial court and the state appellate court in volved construed the statute or ordinance as not in-eluding the element of scienter and also held that proof of that element was .unnecessary to conviction.” 125 So.2d at 563 .”

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

2. “is guilty of a misdemeanor. Defendant complains because scienter was not made a specific element of the offense. We construe the statute to impliedly require a charge and proof of scienter. We can so construe the subject statute without being guilty of a”

   1 later decision quote this exact passage
   e.g. Board of Public Instruction of Broward Cty. v. Doran