State v. McClay’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘When the statute imposes a higher penalty upon a second and a third conviction, respectively, it makes the prior conviction of a similar offence a part of the description and character of the offence intended to be punished; and therefore the fact of such prior conviction must be charged, as well as proved. It is essential to an indictment, that the facts constituting the offence intended to be punished should be averred. This is required by a rule of the common law, and by our own Declaration of Rights, art. 12.’ ””

   1 later decision quote this exact passage
   e.g. State v. Huntley

2. “29 M.R.S.A. § 1315: “Any person who operates a vehicle with reckless disregard for the safety of others and thereby causes the death of another person, when the death of such person results within one year, shall be guilty of the offense of reckless homicide. * * * ” Maine Constitution — Article I, Section 6: “In all criminal prosecutions, the accused shall have a right * * * ; “To demand the nature and cause of the accusation, and have a copy thereof; * * *»”

   1 later decision quote this exact passage
   e.g. State v. Grant

3. ““ ‘It follows that the offence which is punishable with the higher penalty is not fully and substantially described to the defendant, if the complaint fails to set forth the former convictions which are essential features of it.’ ” State v. McClay, supra, 146 Me. at 109 , 78 A.2d at 350 , quoting from Commonwealth v. Harrington, 130 Mass. 35 (1880).”

   1 later decision quote this exact passage
   e.g. State v. Huntley