State v. Maxwell’s Empirical Analysis
1940
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently April 2015 · most notably Adams, Nelson, and Timanus v. State (1952), State v. Via (1985)
48 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hickory v. United States · State v. Adams · State v. Griswold · State v. Durein · People v. . Patrick
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The first contention of former jeopardy and that appellant previously had been discharged on that count was made after the motion for a new trial had been, filed on November 8, 1939. The only complaint made was on motion in arrest of judgment filed December 4, 1939. The motion for a new trial was overruled December 6, 1939. We are advised the motion in arrest of judgment is still pending. The immunity from second jeopardy granted by the Constitution (Const. Bill of Rights, § 10) to one accused of crime is a personal privilege which may be waived and which appellant did waive in the instant case. State v. White, 71 Kan. 356 , 80 P. 589 , & Ann.Cas. 132; State v. Ford, 117 Kan. 735 , 232 P. 1023 . In the Ford case it was said: ‘Moreover a motion in arrest of judgment can raise but two questions, neither of which is here involved — whether the court has jurisdiction and whether the information states a public offense. State v. Yargus, 112 Kan. 450 , 211 P. 121 , 27 A.L.R.. 1093. The defense of second jeopardy may be waived, and is waived by the defendant’s, going to trial on the merits without urging it, taking the chance of a favorable verdict. State v. White, 71 Kan. 356 , 80 P. 589, 6 . Ann.Cas. 132; see, also, 16 C.J.S.Constitutional Law, § 619, page 1254.' 117 Kan. at page 736 , 232 P. at page 1024 . “In the White case it was stated: ‘Failing to interpose an objection to entering upon a second trial he must be held to' have waived the right to do so, and must abide ”
2 later decisions quote this exact passage · from the majoritye.g. State v. Davis · State v. Carte““62-1411. Personal presence of accused. No person indicted or informed against for a felony can be tried unless he be personally present during the trial; nor can any person indicted or informed against for any other offense be tried unless he be present, either personally or by his counsel.””
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.