157 Ind. App. 338 - Noel v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Indictments or affidavits need only be so certain and particular as to enable the court and jury to understand what is to be tried and determined and to fully inform the defendant of the particular charge he is required to meet. “In McCloskey v. State (1944), 222 Ind. 514 , 53 N.E.2d 1012 , the court, quoting from Edwards v. State (1942), 220 Ind. 490 , 44 N.E.2d 304 , said: Tt is not necessary that the affidavit be couched in any particular words or phrased in any particular manner, if it is sufficient to advise the defendant of the particular crime with which he is charged, so that he may have an opportunity to prepare his defense.’ ””

   2 later decisions quote this exact passage
   e.g. Ross v. State · 161 Ind. App. 29 - Hopper v. State

2. ““No indictment or affidavit shall be deemed invalid, nor shall the same be set aside or quashed, nor shall the trial, judgment or other proceeding, be stayed, arrested or in any manner affected for any of the following defects: Tenth. For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.””

   1 later decision quote this exact passage
   e.g. 164 Ind. App. 486 - Layne v. State

3. ““It is well settled in this State that an attack on the indictment must be made before trial.” Brown v. State (1970), 254 Ind. 504, 506 , 260 N.E.2d 876, 877 .”

   1 later decision quote this exact passage
   e.g. 162 Ind. App. 402 - Arnold v. State