State v. Williams’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Touchet was prosecuted for larceny, and on arraignment elected to waive his right to a trial by jury, and was tried by the judge and found guilty. He moved for .a new trial, which was granted. Thereafter, he filed a motion stating that since the new trial was granted he had elected and prayed to be tried by a jury. On objection by the ■district attorney the judge overruled the motion and prayer for a jury trial, ‘on the ground that having once elected to be tried by the judge, and having been so tried, it was not in the power of accused, upon the granting of a new trial, to revoke his election and demand a jury trial.’ On the ■second trial by the judge the defendant was ■convicted again. On appeal this court set aside the conviction and sentence on the .ground solely that the judge had erred in refusing to allow the defendant to withdraw his waiver of a jury trial. In the ■course of the opinion rendered in the case the court stated : “ ‘We think the judge erred. The right ■of trial by jury, in criminal prosecutions, is .a constitutional right always jealously guarded in Anglo-Saxon jurisprudence. This right arises and exists as to every .trial — as well 'as to that which follows upon the granting of a new trial, as to the ordinary original trial. Being about to be tried ■in a criminal prosecution, the Constitution invests him with the right of jury trial, of which he cannot be deprived except on his ■voluntary election. His waiver of jury as to the first trial may be presume”

   1 later decision quote this exact passage
   e.g. State v. Kavanaugh