Morigeau v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As early as Territory v. Willard, 8 Mont. 328, 331, 332 , 21 P. 301 , 302, this Court noted the distinctions between burglary and larceny, stating: ‘It is plain from the definitions that they [burglary and larceny] are two distinct crimes, and the larceny is not necessarily included in the burglary. In order to sustain the indictment for burglary it would only be essential to prove the felonious entry with the intent, while to convict on the charge of larceny, it becomes necessary to show the taking, for the entry may have been without any felonious intent. Burglary, on the other hand, may, as it frequently does, exist without actual theft, and larceny may be committed without burglary. Therefore, in making out the case of larceny, the prosecution need not have shown any burglarious intent or entering; it became only necessary to prove the usual elements of theft, — that is, the venue, the identity of the accused, the felonious taking, the intent to convert to the taker’s use, the property stolen, its value, the ownership, and that the offense occurred within the time limited for such prosecutions * * *.’ The various decisions of this Court since the Willard case, supra, have not materially departed from this explanation of the two crimes.” Morigeau v. State of Montana & Ed Ellsworth (1967), 149 Mont. 85, 89 , 423 P.2d 60, 62 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Wells