State v. Lowry’s Empirical Analysis

Citation profile

2 district · 41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Another fact to be considered is that the statute, which, as a penal enactment, cannot receive an equitable construction, is subject to be limited, so far as the meaning of its words are in doubt, by the fact that it is in derogation of the common law. ‘The general rule in exposition of all acts of parliament is this, that in all doubtful matters, and where the expression is in general terms, they (the words) are to receive such a construction as may be agreeable to the rules of the common law, in cases of that nature; for statutes are not presumed to make any alteration in the common law, further or otherwise than the act does expressly declare.’ ” State v. Lowry (1905) and Lewis v. State (1905), 166 Ind. 372 , 77 N. E. 728 .”

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