Struble v. Gnadt’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When one is properly charged in one or more counts of a complaint, indictment, or information with an offense, or offenses, against any of the laws of the state, and upon the trial of the action evidence is admitted of other offenses which might have been included as other counts in die complaint, indictment, or information, or on which the state might have elected to rely in the action then being tried, a conviction or acquittal on the charge, or charges, as made in the complaint, indictment, or information, shall operate as a bar to any subsequent prosecution of the same person in another action for any act or acts for which the state could have asked for a conviction under the complaint, indictment or information in the former trial.” (Italics ours)”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Wade · State v. Anderson

2. ““The statute itself by its own terms applies to trial in the district court and not to preliminary hearings. It says ‘properly charged’ and ‘upon trial’ ‘conviction or acquittal’ ‘asked for a conviction.’ A preliminary hearing is not a trial. An accused is neither convicted nor acquitted at a preliminary hearing. He is merely held for trial in district court or discharged.” 164 Kan. at 591-92 .”

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