Hamilton v. McClaughry’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 5 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It therefore must follow, of necessity, if any punishment shall be meted out for the many crimes committed by persons in the military service of the United States during the occupation of China, such punishment must be imposed under the fifty-eighth article of war (now articles 92 and 93) or the offender go unpunished; and this is true, whether the military occupation of China by the forces of this government was by or against the consent of the government of China. That is to say, if the homicide committed is an offense at all, it was an offense committed in violation of the military laws of this country, transplanted to China, under the authority of the military department of this government, for the government of our military forces while there engaged in operations against the ‘Boxer Uprising,’ and for the protection of the citizens and representatives of this government and their property.””

   1 later decision quote this exact passage · from the majority
   e.g. 106 F. Supp. 455 - In Re Lo Dolce

2. ““As shown by the record, during the military occupation of China by the troops of this government, no less than 271 trials by general court-martial were had, which resulted in 244 convictions. Under the well-settled principles of law the offenders so tried were not amenable to the laws of the government of China, and the offenses by them committed, if any, whether by the laws of this country denominated as the crime of murder, robbery, larceny, or other felony, were not committed in violation of any law of China, because done by persons in the military service of this country while stationed in China.””

   1 later decision quote this exact passage · from the majority
   e.g. 106 F. Supp. 455 - In Re Lo Dolce

3. ““In time of war, insurrection, or rebellion, larceny, robbery, * * * murder * * * shall be punishable by the sentence of a general court-martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided, for the like offense, by the laws of the state, territory, or district in which such offense may have been committed.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Johnson