State v. Maier’s Empirical Analysis
1953
Citation profile
5 federal appellate · 6 district · 61 state decisions
How this case has been cited
Cited by 77 later decisions (2 by the Supreme Court) — most recently October 2017 · most notably Duncan v. State of Louisiana (1968), Rodriguez v. ROSENBLATT (1971)
5 federal appellate · 6 district · 61 state decisions
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 Thomas Moore v. The People of the State of Illinois · Town of Montclair v. Stanoyevich · MAYOR, & C., OF ALPINE BOROUGH v. Brewster · State v. Rodgers · Byers & Davis v. Commonwealth
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(N)uisances... and all other offenses of an indictable nature at common law, and not otherwise expressly provided for by statute, are misdemeanors.”
4 later decisions quote this exact passage · from the majority“[ajssault covered every "attempt or offer with force and violence, to do a corporal hurt to another,” 1 Hawkins, Pleas of the Crown, 113. Blackstone defines it as "an attempt or offer to beat another, without touching him,” 3 Commentaries 120, while according to Wharton it is "an apparent attempt by violence to do corporal hurt to another,” 1 Criminal Law (10th ed.), sec. 603. On the other hand a battery is a "consummated or completed assault,” 2 Burdick, The Law of Crime, sec. 350. It necessarily includes an assault. The offense is usually referred to as an assault and battery and at common law meant any unlawful bodily harm done to another person. "It seems that any injury whatsoever, be it never so small, being actually done to the person of a man, in an angry, or revengeful, or rude, or insolent manner, as by spitting in his face, or any way touching him in anger, or violently justling him out of the way, are batteries in the eye of the law.” 1 Hawkins, Pleas of the Crown, 134. "The law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every man’s person being sacred, and no other having right to meddle with it, in even the slightest manner.” 3 Blackstone’s Commentaries 120. Assault and battery at common law ranged from these minor offenses, which nevertheless the law cannot afford to overlook, to violence falling just short of manslaughter or murder.”
3 later decisions quote this exact passage · from the majority““Any person who commits an atrocious assault and battery by maiming or wounding another is guilty of a high misdemeanor.””
3 later decisions 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.