Dearing v. State’s Empirical Analysis

Citation profile

2 federal appellate · 23 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the case of Dendy v. Wilson, 142 Tex. 460 , 179 S.W.2d 269, 275 , 151 A.L.R. 1217 , the Supreme Court, touching the question under consideration, said, that the Section just quoted implied ‘that if the defendant is above the statutory age limit at the time of trial; even though the act upon which the prosecution is based was committed while the defendant was within the age limits, the courts can try him for crime.’ This interpretation of the language of the Act 18 is fortified by the fact that the Court of Criminal Appeals has always held that the age at the time of trial is the controlling factor. See McLaren v. State, 85 Tex.Cr.R. 31 , 209 S.W. 669 ; Walker v. State, 119 Tex.Cr.R. 330 , 45 S.W.2d 987 ; Stallings v. State, 129 Tex.Cr.R. 300 , 87 S.W.2d 255 ; Hardie v. State, 140 Tex.Cr.R. 368 , 144 S.W. 2d 571 . With this construction of Section 12 of said Act, we are in ac cord. Such seems to be the logical conclusion to be drawn from the language of said section of said Act.””

   2 later decisions quote this exact passage
   e.g. Dillard v. State · 338 F. Supp. 827 - Broadway v. Beto

2. ““* * * the trial court had the legal right to try appellant for the offense with which he stood charged, it also had the right to take him from the State’s training school and bring him before the bar of justice to be dealt with as provided by the Penal Code of this State. Otherwise, he would be immune from prosecution until he had reached the age of 21 years.””

   2 later decisions quote this exact passage
   e.g. 171 Tex. Crim. 425 - Hultin v. State · 171 Tex. Crim. 307 - Wood v. State

3. ““No person shall be convicted of any offense committed before he was nine years old except perjury, and for that only when it shall appear by proof that he had sufficient discretion to understand the nature and obligation of an oath; nor of any other offense committed between the age of nine and thirteen, unless it shall appear by proof that he had discretion sufficient to understand the nature and illegality of the act constituting the offense.””

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