Mitchell v. United States’s Empirical Analysis
196 F. 874 · 1912
Citation profile
15 federal appellate · 1 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 1977
15 federal appellate · 1 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 In re Bonner · Holmgren v. United States · Clarence Murphy v. Commonwealth of Massachusetts · In re Mills · Henry
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Section 5356 of the Revised Statutes of the United States [Comp. St. § 10460], xinder which the defendant was indicted and convicted, prescribes as a punishment for the offenses designated line or imprisonment — the fine not to exceed §1,000 and the imprisonment not more than one year, or by both such fine and imprisonment. Such imprisonment cannot be enforced in a state penitentiary. Its limitation, being to one year, must be enforced elsewhere. Section 5541 of the Revised Statutes [section 10527] provides that: ‘In every case where any person convicted of any offense against the United States is sentenced to imprisonment for a period longer than one yeai-, the court by which the sentence is passed may order the same to bo executed in any state jail or penitentiary within the district or state where such court is held, Ihe use of which jail or penitentiary is allowed by the Legislature of the state for that purpose.’ And section 5542 [section 10528] provides for a similar Imprisonment in a state jail or penitentiai'y where the person has been convicted of any offense against the United States and sentenced to imprisonment and confinement at hard labor. It follows that the court had no jurisdiction to order an imprisonment, when the place is not specified in the law, to be executed in a penitentiary when the imprisonment is not ordered for a period longer than one year or at hard labor. The statute is equivalent to a direct -ienial of any authority on the part of the court t”
1 later decision quote this exact passage““But the error in the judgment does not entitle the plaintiff in error to his discharge, as it might if the question were presented on a writ of habeas corpus. The case having come to this court on writ of error, this court, while reversing the judgment of the court below, may remand the cause to that court, with directions to enter thie appropriate judgment. Murphy v. Massachusetts, 177 U. S. 155 , 20 Sup. Ct. 639 , 44 L. Ed. 711 ; Haynes v. United States, 101 Fed. 817 , 42 C. C. A. 34 ; Whitworth v. United States, 114 Fed. 302 , 52 C. C. A. 214 .””
1 later decision quote this exact passage · from the majority
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.