18 Md. App. 252 - Cherry v. State’s Empirical Analysis
1973
Citation profile
36 state decisions
How this case has been cited
Cited by 39 later decisions — most recently August 2019 · most notably Lewis v. State (1979), McMillian v. State (1992)
36 state decisions
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 New York Times Co. v. Sullivan · Griswold v. State of Connecticut · Roth v. United States · Chaplinsky v. State of New Hampshire · Dennis v. United States
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.
““Its first formulation, as something distinct from a mere aspect in the law of attempts, was in Rex v. Higgins in 1801, 2 East 5, 102 Eng. Rep. 269. As persuasively declarative of pre-existing common law, Rex v. Higgins was followed by landmark decisions in State v. Avery, 7 Conn. 266 , 18 Am. Dec. 105 (1828), and Commonwealth v. Flagg, 135 Mass. 545 (1883). Solicitation is now universally recognized in the United States as a part of Anglo-American common law. In Clark and Marshall, Law of Crimes (7th ed., 1967), its characteristics are well set out, at 219-223: ‘Solicitation is a distinct common-law misdemeanor in which the act forbidden consists of the accused person’s parol or written efforts to activate another to commit a criminal offense. It is immaterial whether the solicitation is of any effect and whether the crime solicited is in fact committed. . . ‘The gist of this offense is incitement. In brief, the gravamen of this common-law misdemeanor lay in counselling, enticing, or inducing another to commit a crime. . . ‘Inciting or soliciting another to commit a crime is the act of the least magnitude which is punishable by the common law. In such offenses the actor does nothing himself but he urges others to violate the law. The necessity for punishing such persons is obvious, and such conduct is generally punished as a substantive crime, notwithstanding the solicitation does not move the party solicited to commit the offense.’ ” Id. at 257-58. (Footnote omitted.)”
3 later decisions quote this exact passage · from the majority““ 'The gist of this offense is incitement. In brief, the gravamen of the common-law misdemeanor lay in counselling, enticing or inducing another to commit a crime____’ ””
3 later decisions quote this exact passage · from the majoritye.g. Allen v. State · BELTRAN“Its [solicitation’s] first formulation, as something distinct from a mere aspect in the law of attempts, was in Rex v. Higgins, in 1801, 2 East 5, 102 Eng.Rep. 269. As persuasively declarative of pre-existing common law, Rex v. Higgins was followed by landmark decisions in State v. Avery, 7 Conn. 266 , 18 Am.Dec. 105 (1828), and Commonwealth v. Flagg, 135 Mass. 545 (1883).”
1 later decision quote this exact passage · from the majoritye.g. Allen v. State
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.