State v. Horneman’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The two offenses are entirely distinct. One is not included in the other — is not a lesser degree of the other. The character of the testimony must be different in each. One fact, that is, ‘shooting,’ may be necessary for conviction under either charge. But something more is necessary in each, than the mere fact of shooting. ... It was said by Lord Denman,' in Regina v. Button, 11 Ad. & Ellis, New Series, 946, ‘The same act may be part of several offenses. The same blow may be the subject of inquiry in consecutive charges of murder and robbery. The acquittal on the first charge is no bar to a second inquiry, where both are charges of felonies; neither ought it to be, when the one charge is of felony, and the other of misdemeanor.’ ” (The State v. Horenman, 16 Kan. 452, 454 .)”

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

2. ““'The test as to the legal identity of the two offenses is to be found in the answer to this question : Could the prisoner, upon any evidence that might have been produced, have been convicted upon the first indictment of the offense that is charged in the second? ””

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

3. ““It may be generally said, that the fact that the two offenses form part of the same transaction is no defense, when the defendant could not have been convicted at the first trial, on the indictment then pending, of the offense charged in the second indictment.””

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