State v. Jenkins’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tet us subject the question to another test. Could the accused have been convicted at the first tfi-al, and under the first indictment, of the offense charged in either, of the other two ? When put upon trial for arson, could he .have been convicted of burning an untenanted house? Certainly not, as arson does not necessarily embrace the other offense. Nor, inasmuch as the indictment for arson did not contain a charge of facts constituting the other offense, could testimony have been introduced as to the other, as it is a rule of law that the testimony must correspond with the allegations, a rule applicable to both civil and criminal cases, and especially so to criminal. If then, the accused could not, under any circumstances, have been convicted of the present offense in the former trial, how then can it be said that upon the present trial, he has been put in jeopardy twice for the same offense, or, in the language of the Constitution, ‘That after having been once acquitted by the verdict of a jury of an offense, he has again been put in jeopardy of his life or liberty for the same.’ ””

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

2. “is a mixed one of law and fact. The facts, however, are not disputed, and, therefore, the question of law is alone to be considered.”

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