155 So. 2d 787 - Carter v. State’s Empirical Analysis

Citation profile

16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The legislative history of Sec. 797.01 indicates its original enactment in 1868 as a part of Chapter 1637, Sec. 9 of sub-chapter VIII, Laws of Florida, entitled `An Act to provide for the Punishment of Crime, and Proceedings in Criminal Cases.' By another provision of the same act, Sec. 11 of sub-chapter III, the legislature defined abortion, for homicide purposes, to be unlawful or forbidden, `unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose.' We conclude that under these circumstances the rule of pari materia construction, in conjunction with the obligation to give, if possible, some reasonable effect to the statutory language, requires a definition of the term `unlawful' in Section 797.01 in accordance with the companion provision of the homicide statutes prescribing the penalty for certain abortions resulting in death. We therefore construe the subject provision to proscribe and penalize the enumerated acts, performed with the requisite intent, in every instance except when necessary to preserve the life of a woman or `advised by two physicians to be necessary for such purpose.' This effects a result which is in accord with the apparent intent of the act and which, in any event, is subject to future expression of the legislative will." (pp. 788, 789)”

   2 later decisions quote this exact passage
   e.g. State v. Barquet · 250 So. 2d 857 - Walsingham v. State

2. “"782.10 Abortion. — Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter." "797.01 Performing abortion; punishment. — Whoever with intent to procure miscarriage of any woman unlawfully administers to her, or advises or prescribes for her, or causes to be taken by her, any poison, drug, medicine or other noxious thing, or unlawfully uses any instrument or other means whatever with the like intent, or with like intent aids or assists therein, shall, if the woman does not die in consequence thereof, be punished by imprisonment in the state prison not exceeding seven years, or by fine not exceeding one thousand dollars."”

   2 later decisions quote this exact passage
   e.g. State v. Barquet · 250 So. 2d 857 - Walsingham v. State

3. ““Even if we assume that the overt act here involved, the use of a speculum'employed in numerous medical examinations, is itself equally consistent with guilt and innocence, a distinction must be drawn between the situation where all the facts in evidence can be otherwise explained and the case, such as that at bar, where there is evidence from which the jury may find criminal intent quite independent of the overt act toward execution, which need not in itself be unlawful except as a fragment of the intended offense. In the circumstances of this case the use of the instrument cannot reasonably be characterized as mere preparation.””

   1 later decision quote this exact passage
   e.g. 235 So. 2d 736 - Josey v. State