Poe v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The appellant assigns as error the second instruction granted at the request of the state which authorized the jury to return a verdict of guilty of larceny if it believed from the evidence, beyond a reasonable doubt, that the defendant “did take, steal and carry away the personal property,” etc., the particular criticism of this instruction being that it omits the word “felonious” which is an essential element of the crime of larceny. This exact point was considered by the court in the case of Dedeaux v. State, 125 Miss. 326 , 87 So. 664 , and it was there held that the word “felonious” as used in the statute defining “larceny,” is not merely descriptive of the grade of the offense, but it is an essential ingredient of the crime, and that an instruction which omits this essential element of the crime is erroneous. Other authorities supporting this view are cited in the Dedeaux Case, supra. Upon the evidence in the record now before us we are not able to say that the error in this instruction was not prejudicial, and therefore the judgment of the court below will be reversed, and the cause remanded.”

   1 later decision quote this exact passage · from the majority
   e.g. Harper v. State