Nye v. United States’s Empirical Analysis
137 F.2d 73 · 1943
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 18 later decisions — most recently February 1991
16 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
Applies 18 U.S.C. § 241 (Church Arson Prevention Act of 1996)
Relies on Berger v. United States · Hagner v. United States · Wong Tai v. United States · Rosen v. United States · Nye v. United States
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The rule here applicable was well stated by the Supreme Court in Hagner v. United States, 285 U.S. 427 , 431, 52 S.Ct. 417 , 419, 76 L.Ed. 861 , as follows: ‘The rigor of old common-law rules of criminal pleading has yielded, in modern practice, to the general principle that formal defects, not prejudicial, will be disregarded. The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, “and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.” Cochran and Sayre v. United States, 157 U.S. 286 , 290, 15 S.Ct. 628 , 630, 39 L.Ed. 704 ; Rosen v. United States, 161 U.S. 29 , 34, 16 S.Ct. 434 , 480, 40 L.Ed. 6067 “The same rule was laid down by this Court, speaking through Judge Rose in Martin v. United States, 4 Cir., 299 F. 287 , 288, in the following language: ‘The sufficiency of a criminal pleading should be determined by practical, as distinguished from purely technical, considerations. Does it, under all the circumstances of”the case, tell the defendant all that he needs to know for his defense, and does it so specify that with which he is charged that he will be in no danger of being a second time put in jeopardy? If so, it should be held good. S”
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.