161 W. Va. 40 - State v. Ellis’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant also challenges his conviction as a principal in the first degree because the evidence showed that Mr. Browning was the one who passed the marijuana to the undercover agent, received the $30.00, and passed the money to defendant. Mr. Browning testified that the marijuana belonged to appellant, and that Browning delivered it at appellant’s direction. “W.Va.Code, 60A-4-401(a) [1971] provides: “ ‘Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver or possess with intent to manufacture or deliver, a controlled substance.’ “To ‘deliver’ as stated in this statute specifically includes ‘constructive transfers’ of a controlled substance. W.Va.Code, 60A-l-101(f) [1971]. We interpret a ‘constructive transfer’ to be the transfer of a controlled substance either belonging to an individual or under his control by some other person or agency at the instance or direction of the individual accused of such constructive transfer. Accordingly, under the State’s evidence, the defendant could have been found guilty as a principal in the first degree.” (Emphasis added).”

   5 later decisions quote this exact passage
   e.g. Moore v. State · Daniels v. State