Gaines v. State’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The means with which the offense charged was committed, however, is not, in an indictment for murder, a constituent element of the offense. . . . The omission to aver the means employed, though in a sense a defect of substance, and not one of mere form, yet is such a defect as must be taken advantage of by demurrer.”

   1 later decision quote this exact passage
   e.g. 420 So. 2d 828 - Howard v. State

2. ““If the grand jury had any legal evidence before it to authorize a bill, all inquiry as to the nature, character and sufficiency of any other evidence introduced before it is cut off, when sought for the purpose of attacking the validity and integrity of the indictment.””

   1 later decision quote this exact passage
   e.g. 43 Ala. App. 199 - Loyd v. State

3. “We are satisfied that no injury resulted to the defendant from the omission of the averment in the indictment. The evidence without dispute showed that the killing was done with a gun.”

   1 later decision quote this exact passage
   e.g. 420 So. 2d 828 - Howard v. State