Thomas v. Commonwealth’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “< < * * * Jn other words, one cannot, under an indictment charging him with feloniously breaking into a storehouse, be convicted upon proof of his having broken into a dwelling house, which 'is a wholly different offense or crime defined .by Section 1162, Kentucky Statutes, and the punishment for which, as therein provided, is greater than that prescribed for breaking into a storehouse, being confinement in the penitentiary not less than two nor more than ten years. It will thus be seen that these are separate and distinct offenses or crimes, neither being a degree of the other. * * *” See also Wallace v. Commonwealth, 162 Ky. 85 , 172 S. W. 118 .”

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Commonwealth

2. ““If the first indictment or information were such that the accused might 'have been convicted under it on proof of the facts by which the second is sought to be sustained, then the jeopardy which attached on the first must constitute a protection against a trial on the second.””

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. Commonwealth

3. “Having been designed for and used as a dwelling house, it remains a dwelling house, though temporarily unoccupied until converted to some other use.”

   1 later decision quote this exact passage · from the majority
   e.g. 2 Haw. App. 581 - State v. Miner