State v. Hopper’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute was made to protect the home against the lust and passion of evil men, who subtly, slyly and cunningly would creep into 'the family circle and poison its fountain source — the woman in the home. Can a man, through fraud, persuasion or deceit, go into a home and seduce the wife, who up to that time was an innocent and virtuous woman, and then abduct or elope with her, and, after having despoiled her- — -‘despoiled of innocence, of faith, of bliss’ — claim she was not innocent and virtuous? We do not think he could thus escape the wrong done. “It is a maxim of law, recognized and established, that nullus corru-modum capere potest de injuria sua propria (no one can obtain an advantage by his own wrong). Broom’s Legal Maxim’s, (8th Ed.), p. 279. “In Carpenter v. The People, 8 Barbour’s Supreme Court Reports (N.Y.), p. 603, . . . the Court, in passing upon the meaning of ‘an unmarried female of previous chaste character,’ said: ‘We think the words referred to do mean actual personal virtue — that the female must be actually chaste and pure in conduct and principle up to the time of the commission of the offense. Not that this must be the case up to the moment of taking her away for the purpose mentioned, but that it must be so up to the commencement of the acts of the party accused- — done with the purpose indicated, and which result in such taking away. The process of inveigling and enticing may be the work of time, and when commenced, the female must be of chaste ch”

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

2. “"Abduction of married ivomen. — If any male person shall abduct or elope with the wife of another, he shall be guilty of a felony, and upon conviction shall be imprisoned not less than one year nor more than ten years: Provided, that the woman, since her marriage, has been an innocent and virtuous woman: Provided further, that no conviction shall be had upon the unsupported testimony of any such married woman.””

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