State v. Smith’s Empirical Analysis
1942
Citation profile
8
cited by 8 later decisions
2
states following
January 1978
most recently cited
8 state decisions
Relationships
Relies on State v. Smith · State v. Gendusa · State v. Cooley · State v. Young · State v. Oliver
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The offense is charged in the original indictment to have been committed by defendant on July 17, 1937. The return of that indictment on 'August- 4, 1937, interrupted prescription, under Article 8 of the Code of Criminal Procedure. “The original indictment was declared to ■ be invalid by this court in the Gendusa case on May 30, 1938, and the present, or , new indictment was returned on September 6, 1938. As the prescription began to, run against the present or new indictment only from the time the original indictment was declared invalid by this court in the Gendusa case, May 30, 1938, and the new indictment was returned September 16, 1938, it is clear that the plea of prescription tendered by defendant is without merit and was properly overruled by the trial judge, under the provisions of Article 8 of the Code of Criminal Procedure.””
1 later decision quote this exact passagee.g. State v. Lester““No person shall be prosecuted, tried or punished for any offense not capital, except as provided in section one thousand and forty-six unless the indictment is found or the information is instituted within three years next after such offense shall have been committed.””
1 later decision quote this exact passagee.g. Ex Parte Ward
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.