State v. White’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. ““Counsel cites article 509 [now Article 851] of the Code in support of this contention. This article merely provides that ‘a new trial ought to be granted: 1. Whenever the verdict is contrary to the law and the evidence.’ “That this provision refers to new trials applied for before district judges is made patent by article 516 [now Article 858] of the Code of Criminal Procedure, which declares that: ‘Neither the appellate nor supervisory jurisdiction of the Supreme Court can be invoked to review the granting or the refusal to grant a new trial except for error of law’ “Any provision in the Code to the contrary would have been clearly unconstitutional, because in direct conflict with the provision contained in article 7, § 10, of the Constitution of 1921, declaring that: ‘The appellate jurisdiction of the Supreme Court shall also extend to criminal cases on questions of law alone,’ etc.””

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

2. “The granting of a new trial on ... grounds [that the verdict is contrary to the law and evidence] does not present any question of law.”

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