Burton v. State’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An indictment in this State, that does not conclude “against the peace and dignity of the State,” is a nullity. It is a positive injunction of the Constitution itself, that such shall be the conclusion of every indictment. It is, therefore, a matter that can not be affected by legislation, and a defect that cannot be ignored by the courts. [[Image here]] It is held that each count in an indictment must be a complete indictment in itself. This, we think, refers to the description of the offense, and not to the formal conclusion. And it seems that the good and bad counts may, by apt refer ence and averment, become so incorporated in each other, that the principal count in the matter borrowed for the other, may constitute together a complete accusation.... The count of the indictment now in judgment, which charges the larceny does not conclude “against the peace and dignity of the State,” and if stood alone, would be bad for want of the proper conclusion. But the last count does have the proper conclusion; and we hold this to be sufficient, and that the conclusion “against the peace and dignity of the State” in the last count relates to all other preceding counts.”

   1 later decision quote this exact passage
   e.g. State v. Holloman

2. ““(1, 2) The first two assignments of error complain of the action of the Trial Court in holding defendants’ constitutional right to a speedy trial was not violated. From what has been stated above, it is apparent that from a few days following the burglary of the Anderson Super Market until September 1, 1962 the defendants were either confined in a penal institution in Indiana or were on bail pending their appeal from a conviction in Indiana, or were fugitives from the Indiana authorities. Tennessee had no absolute right to extradite defendants under such circumstances. The executive power of the asylum state has the right to determine whether or not a person charged with a crime in that state as well as in another state shall be held in the asylum state until he has completed serving his sentence there. State ex rel. Brown v. Grosch, 177 Tenn. 619 , 152 S.W.2d 239 .””

   1 later decision quote this exact passage
   e.g. Edmaiston v. State

3. ““ ‘If indictments were to be held open to challenge on the ground that there was inadequate or incompetent evidence before the grand jury, the resulting delay would be great indeed. The result of such a rule would be that before trial on the merits a defendant could always insist on a kind of preliminary trial to determine the competency and adequacy of the evidence before the grand jury. * * An indictment returned by a legally constituted and unbiased grand jury, like an information drawn by the prosecutor, if valid on its face, is enough to call for trial of the charge on the merits. * * “ * * In a trial on the merits, defendants are entitled to a strict observance of all the rules designed to bring about a fair verdict. Defendants are not entitled, however, to a rule which would result in interminable delay but add nothing to the assurance of a fair trial.’ ””

   1 later decision quote this exact passage
   e.g. 2 Tenn. Crim. App. 626 - Parton v. State