State v. Davis’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . Our statutes relating to the administration of justice do not define the term ‘escape.’ It has been held that statutes enacted covering escape have been considered declaratory of, and supplementary to, the common law. . . . At the common law, the crime of ‘escape’ was committed by a prisoner when he voluntarily departed from lawful custody without breach of prison. . . . To constitute an escape on the part of the prisoner there must be lawful custody and an actual departure from the place of confinement whereby he unlawfully gains his liberty. . . . The use of force or violence is not a necessary element of an escape . . ., and an escape is distinguished from prison break by this circumstance. . . .” (p. 35.) (Emphasis added.)”

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