157 So. 2d 96 - Nelson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 13 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * * * * "* * * Since the use of the gun was not an essential element of the crime of assault with the intent to commit robbery, the allegation that the appellant used the weapon in his attempt was not necessary to the information. § 906.24, Fla. Stat., F.S.A. The failure to prove it therefore does not require reversal of a conviction resulting therefrom where a review of the record fails to suggest that the appellant was in any way misled or failed to secure a fair trial because of the inclusion of the allegation that he used the gun which he in fact had, but did not display until later. § 906.25, Fla. Stat., F.S.A." * * * * * *”

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

2. “and by putting the victim in fear. The evidence there failed to show a display of the pistol or an expressed threat to Willie Mae Ferguson, the victim. On appeal, it was contended that there was a fatal variance between the information and the evidence. This court, in affirming, said: * * * * * *”

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