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← 16 FRD 372 - United States v. Smith

United States v. Smith’s Empirical Analysis

1954

Citation profile

51
cited by 51 later decisions
2
states following
March 1980
most recently cited

6 federal appellate · 8 district · 3 state decisions

How this case has been cited

Cited by 51 later decisions — most recently March 1980 · most notably United States v. Addonizio (1971), Spinelli v. United States (1967)

6 federal appellate · 8 district · 3 state decisions

2301954196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Chew v. United States · Fontana v. United States · Singer v. United States · 26 F. Supp. 491 - United States v. Balaban · 37 F. Supp. 398 - United States v. United States Gypsum Co.

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

  1. ““(2) the time of day when, and the exact place where, it is claimed defendant unlawfully transferred one marijuana cigarette in Kansas City, on August 30, 1954, (3) the name of the person or persons to whom the one marijuana cigarette was ‘transferred’, (4) whether such person or persons (to whom said marijuana cigarette was allegedly transferred) are, or were at the time, directly or indirectly employed by the government, (5) whether such person or persons (to whom said marijuana cigarette was allegedly transferred) did or did not first transfer the same to defendant, (6) whether such person or persons were acting at the instance of- the United States or its agents at the time of the alleged transfer,””
    1 later decision quote this exact passage · from the majority
  2. ““Nor is it any answer to a motion for a bill of particulars for the government to say: ‘The defendant knows what he did, and, therefore, has all the information necessary.’ This argument could be valid only if the defendant be presumed to be guilty. For only if he is presumed guilty could he know the facts and details of the crime. Instead of being presumed guilty, he is presumed to be innocent. Being presumed to be innocent, it must be assumed ‘that he is ignorant of the facts on which the pleader founds his charges.’ [Citing eases] This conclusion seems to me to be elementary, fundamental and inescapable.” (Emphasis supplied by that Court)”
    1 later decision quote this exact passage · from the majority
  3. ““(2) the time of day when, and the exact place where, the government claims defendant sold a narcotic drug in Kansas City on August 29, 1954, (3) the name of the person or persons to whom it is claimed defendant sold and transferred the narcotic drug, (4) whether such person or persons were, at the time of the alleged sale and transfer, directly or indirectly in the employ of the government, (5) whether such person or persons were acting at the instance of the government at the time of the alleged sale and transfer,””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.