Scarlett v. State’s Empirical Analysis
1953
Citation profile
71 state decisions
How this case has been cited
Cited by 71 later decisions — most recently November 2018 · most notably JOHNSON, ETC. v. State (1965), Robinson v. State (1986)
71 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
Applies 18 U.S.C. § 371
Relies on Sealfon v. United States · United States v. Kissel · United States v. Williams · Shelton v. State · Callahan v. State
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Every person convicted of the crime of conspiracy shall be liable to be punished by ... imprisonment ... for not more than ten years.... ””
3 later decisions quote this exact passage · from the majoritye.g. Nichols v. State · Gary v. State““Appellant also attacks the indictment on the ground that the object of the conspiracy, alleged to have continued nearly five years, from January 1, 1947, to August 20, 1951, was in fact not ■inherently 'Continuous. Pie claims that any participant in the conspiracy could withdraw from it at any time. He also suggests that Edgar Wilkes testified that he participated only in 1949 ■and 1950, while Cann testified that he participated only a few months prior to his arrest on June 29, 1951. The argument seems to be that the conspiracy was complete on the day defendants were charged to have first conspired, January 1, 1947, and that a conspiracy is not a continuing offense in such a sense that each overt act will remove the bar of the statute of limitations against the original conspiracy, and in order to avoid the bar the indictment must charge a conspiracy ¡and an overt act within the limitation period. “It is true that in Maryland all prosecutions for the crime of conspiracy must be commenced within two years after the commission of the offense. Code 1951, art. 27, sec. 46. However, where a conspiracy contemplates bringing to pass a continuous result that will not continue without the continuous co-operation of the conspirators to keep it up, such continuous co-operation is a single conspiracy, rather than a series of distinct conspiracies. “In United States v. Kissel, 218 U.S. 601 , 31 S. Ct. 124, 126 , 54 L. Ed. 1168 , where the indictment charged an unlawful conspiracy in rest”
1 later decision quote this exact passage · from the majoritye.g. State v. Brewer““ * * * But it is beyond question that an acquittal of a particular crime does not bar a subsequent prosecution for conspiracy to commit the crime. . . ” (Citations omitted.) (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Brown v. State
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.