Wilson’s Empirical Analysis

Citation profile

43 federal appellate · 4 district · 51 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * His proposition is that the grand jury which indicted him was not a legally-constituted tribunal, in that it was composed of only 15 members, whereas, by an Act of the Legislature of the Territory of Arizona, passed on March 12, 1889, a day before that upon which the offense is charged to have been committed, it was required that grand juries should be composed of not less than 17 nor more than 23 members. The response thereto is, that no such Act was passed, and that, even if it were, the defect in the number of grand jurors did not vitiate the entire proceedings, so that they could be challenged collaterally on habeas corpus, but was only a matter of error, to be corrected by proceedings in error. * * * ‡ i): ifc # ífí íjí “ * * * When that indictment is presented, that accusation made, that pleading filed, the accused has two courses of procedure open to him. He may question the propriety of the accusation, the manner in which it has been presented, the source from which it proceeds, and have these matters promptly and properly determined, or, waiving them, he may put in issue the truth of the accusation and demand the judgment of his peers on the merits of the charge. If he omits the former and chooses the latter, he ought not, when defeated on the latter, when found guilty of the crime charged, to be permitted to go back to the former and inquire as to the manner and means by which the charge was presented. See, upon this question, Whart.Crim.Pl. § 353; 1 Chit.Cr”

   2 later decisions quote this exact passage
   e.g. 55 Ohio App. 2d 104 - State v. Jeurgens · State v. Superior Court of Pima County

2. “The words “sole and exclusive,” in [the precursor statute to § 1152] are only used in the description of the laws which are extended to [Indian country].”

   2 later decisions quote this exact passage
   e.g. United States v. White · 60 Okla. Crim. 111 - Ex Parte Nowabbi

3. ““The above enactment is clearly separable into two distinct definitions of the conditions under which Indians may be punished for the same crimes as defined by the common law. The first of these is where the offense is committed within the limits of a territorial government, whether on or off an Indian reservation. In this class of cases the Indian charged with the crime shall be judged by the laws of the territory on that subject, and tried by its courts. This proposition itself is new in legislation of Congress, Avhich has heretofore only undertaken to punish an Indian who sustains the usual relation to his tribe, and the offense is committed in the Indian country, or on an Indian reservation, in exceptional cases; as where the offense was against the person or property of a white man, or is some violation of the trade and intercourse regulations imposed by Congress on the Indian tribes. It is new, because it now proposes to punish these offenses when they are committed by one Indian on the person or property of another. “The second is where the offense is committed by one Indian against the person or property of another, within the limits of a state of the Union, but on an Indian reservation. In this case, of which the state and its tribunals would have jurisdiction if the offense was committed by a white man outside an Indian reservation, the courts of the United .States are to exercise jurisdiction as if the offense had been committed at some place within the exclusive j”

   1 later decision quote this exact passage
   e.g. 60 Okla. Crim. 111 - Ex Parte Nowabbi