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← 168 Miss. 371 - Brewsaw v. State

Brewsaw v. State’s Empirical Analysis

1933

Citation profile

22
cited by 22 later decisions
1
states following
October 2000
most recently cited

22 state decisions

How this case has been cited

Cited by 22 later decisions — most recently October 2000

22 state decisions

6019331940195019601970198019902000decided

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 Hoggett v. State · Britton v. State · Robinson v. State

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

  1. “Under section 26 of the Constitution, an indictment must be specific enough to inform the defendant of the nature and cause of the accusation against him so as to enable him to prepare and present his defense thereto. Under the statute the unlawful possession alone of intoxicating liquor is not a felony; it is the third offense that constitutes the felony. The first two convictions are therefore essential elements of the felony; without them there is no felony; they are just as much a part of the felony as the unlawful possession of the liquor. Furthermore, to constitute a felony the two previous convictions must be under the same statute. The indictment, therefore, should have charged that the two previous convictions were for a violation of this particular statute, and in what court or courts they were had and when. ... We hold, therefore, that the indicment failed to sufficiently charge the felony, and the demurrer thereto should have been sustained. ( 168 Miss. at 375 , 151 So. at 476 )”
    2 later decisions quote this exact passage · from the majority
  2. “for the second conviction for violating this section”
    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.