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← 194 Ark. 836 - Spears v. State

Spears v. State’s Empirical Analysis

1937

Citation profile

23
cited by 23 later decisions
3
states following
May 1977
most recently cited

23 state decisions

How this case has been cited

Cited by 23 later decisions — most recently May 1977

23 state decisions

8019371940195019601970decided

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 Davis v. State · Denham v. State · Ketchum v. Vansickle · Stocks v. State · Hartley 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Appellants first contention is based upon language used in Hartley v. State, 184 Ark. 237 , 42 S. W. (2d) 7 , where it was said: ‘It was pleaded, and now argued, that the court lost jurisdiction to impose the sentence by the lapse of time. Not so. Neither the statute in question nor any other statute contains a time limitation. No limitation was fixed in the order. It was clearly a continuing order and remains in force and effect until changed or modified.’ It is contended here that there was a limitation fixed in the order suspending the sentence, that is, until the next term of court, and that after the next term, the court lost jurisdiction to change the order. “Section 4053 of Pope’s Digest confers authority on circuit courts in criminal cases, ‘if he shall deem it best for the defendant and not harmful to society, to postpone the pronouncement of final sentence and judgment upon such conditions as he shall deem proper and reasonable as to probation of the person convicted, the restitution of the property invovlved, and the payment of the costs of the case.’ Section 4054 reads as follows: ‘Such judge shall have power, at any time the court may be in session, to revoke the suspension and postponement mentioned in § 4053, and to pronounce sentence and enter final judgment in such cause whenever that course shall be deemed for the best interests, of society and such convicted person. ’• Section 4055 provides for the collection of costs whether the sen tence be suspended or ”
    1 later decision quote this exact passage
  2. ““Here, the evidence was sufficient to justify the court in exercising the discretion it did as the evidence on the part of the state was to the effect that appellant was drunk, was cursing in a public place, and had a fight with one Jack Fulmer.””
    1 later decision quote this exact passage

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.