Bennett v. Hunter’s Empirical Analysis

Citation profile

9 federal appellate ·

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. ““The common law forbids the sentencing of an insane person, or of one who becomes insane after conviction, while he -continues of unsound mind. Where the -defendant interposes a plea that he became insane after conviction and before the imposition of sentence, the plea is addressed to the court’s discretion, and if there is nothing to raise a doubt as to sanity, the court may disregard the plea and pronounce sentence. Here, the probate court had not adjudged petitioner insane. It had merely adjudged that he was incapable of managing his affairs, because of his addiction to narcotic drugs, under § 509, R.S. Mo.1939, Mo.R.S.A., which provides for the appointment of guardians, for habitual ■users of narcotic -drugs. “And 'we cannot say on this record that the court should have made further in■quiry into petitioner’s sanity before proceeding with the hearing on revocation of the probation and before imposing sentence, or that the findings of the court below are clearly erroneous.””

   1 later decision quote this exact passage · from the majority
   e.g. Bennett v. United States

2. ““In the absence of a showing of fraud, a judgment imports verity and its recitals may not be challenged in a collateral proceeding by parol testimony. Thomas v. Hunter, 10 Cir., 153 F.2d 834 .””

   1 later decision quote this exact passage · from the majority
   e.g. Scott v. Johnston