State v. Thomas’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Of course counsel for the defendant in a criminal case may, in the course of the proceedings, make an admisson of fact voluntarily and purposely to avoid the necessity of proving it, and the court has a perfect right to accept such as an admitted fact for which no proof will be necessary. Such admission, however, is properly made to the court and a record is made of it as such. Then the court conveys to the jury such admission, through its instructions, and it becomes a judicial admission. “The admissions of attorneys of record bind their clients in all matters relating to the progress and trial of the cause; but to this end, they must he distinct and formal, or such as are termed solemn admissions, made for the express purpose of alleviating the stringency of some rule of practice, or of dispensing with the formal proof of some fact at the trial * * * ” (1 Greenleaf on Evidence, 16th Ed. 311.) In criminal cases, more particularly than in civil, the defendant is protected against any and every statement of his counsel which is not definitely and purposely intended as and for an admission. (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 174 Ind. App. 116 - Collins v. State