United States v. Bennett’s Empirical Analysis
152 F.2d 342 · 1945
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 8 later decisions (2 by the Supreme Court) — most recently July 1967
5 federal appellate · 1 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.
Appellate journey
Relationships
Relies on Powell v. State of Alabama Patterson · Palmer v. Hoffman · Shepard v. United States · Bruno v. United States · Weiler v. United States
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Literally interpreted, the judge’s charge told them that this was not sufficient to justify acquittal, for it was their ‘duty’ (a) to decide that appellant committed the theft unless (b) they decided that some other specific person did. So interpreted, this charge erred by putting on appellant the burden of proving her innocence by proving the identity of some other person as the thief.”
1 later decision quote this exact passage · from the majority““Who would have a motive to steal them? Did she take these stamps? You have a right to consider that. She is not charged with stealing, but with conspiracy to do all these things, and you have a right to consider whether she did steal them, on the question of intent. Did she steal them? Who did if she didn’t? You are to decide that.” (Italics added.)”
1 later decision quote this exact passage · from the majority“the jury’s duty to find out who did steal the stamps.”
1 later decision 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.