Noblett v. Commonwealth’s Empirical Analysis

Citation profile

42 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In 67 C. J. S., Obscenity, § 5, p. 25, the author says: ‘Indecent exposure in a public place in such a manner that the act is seen or is likely to be seen by casual observers is an offense at common law, and is made an offense by a number of statutes and ordinances. * * *’ The text is fully supported by the cited cases. [Citing authorities.] “Ordinarily, although not necessarily, the place where the exposure is made must be public. Indecent exposure on a street or public highway ‘so that one person sees, and others passing by can see, is an offense’ at common law. 67 C. J. S., Obscenity, § 5, p. 26.””

   2 later decisions quote this exact passage · from the majority
   e.g. Wicks v. City of Charlottesville · 45 Va. App. 357 - Moses v. Commonwealth

2. “It does not follow from this rule that one who uncovers his person in the privacy of his own apartment, or other place where there is no reason to suppose that his act may offend the sensibilities of others, is guilty of a crime. The words “indecent exposure” clearly imply that the act is either in the actual presence and sight of others, or is in such a place or under such circumstances that the exhibition is liable to be seen by others, and is presumably made for that purpose, or with reckless and criminal disregard of the decencies of life. A person, if so inclined, may dress himself in nothing more substantial than the innocence of Eden, provided he does not “expose” himself in that condition. The exposure becomes “indecent” only when he indulges in such practices at a time and place where, as a reasonable person, he knows, or ought to know, his act is open to the observation of others.”

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

3. ““The Court instructs the jury that if, after consideration of all the evidence introduced in the case, they entertain any reasonable doubt as to whether the defendant is the person who committed the offense charged, then the jury must find the defendant not guilty.””

   1 later decision quote this exact passage · from the majority
   e.g. Poole v. Commonwealth