May v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Chapter 171 of the Laws of 1934, as amended by Chapter 224 of the Laws of 1942, Section 10207, et seq., Code of 1942, legalizes the sale of beer of an aleo- holic content not exceeding four per cent by weight, unless, as the result of an election duly and lawfully held for such purpose, the sale of beer is not permitted in the county in which the sale is alleged to have been made. The appellant may have sold beer of an alcoholic content not exceeding four per cent by weight, and yet he was guilty of no offense unless, as a result of an election duly and lawfully held for such purpose, the sale of beer was not permitted in the county alleged. Therefore, the facts alleged in the affidavit may all be true, and yet the appellant be guilty of no offense. It was essential to the sufficiency of the affidavit that it allege not only the sale of beer, but that as a result of an election duly and lawfully held for such purpose, beer was not permitted to be sold in the county in which the sale occurred. It is true that the proof shows that such an election had been lawfully held in Jefferson Davis County, and that as a result thereof the sale of beer was not permitted in said County, but it was necessary that the affidavit allege this essential element of the offense, and the failure of the affidavit so to do constitutes an omission of an essential element of the offense and renders the affidavit insufficient to support the conviction. This Court held in Loughridge et al. v. State, 3 So”

   1 later decision quote this exact passage
   e.g. 219 So. 2d 923 - Wortham v. State

2. “(1) The name of the accused; (2) The date on which the indictment was filed in each court; (3) A statement that the prosecution is brought in the name and by the authority of the State of Mississippi; (4) The county and judicial district in which the indictment is brought; (5) The date and if applicable the time, on which the offense was alleged to be committed. Failure to state the correct date shall not render the indictment insufficient; (6) The signature of the foreman of the grand jury issuing it; and (7) The words "against the peace and dignity of the state".”

   1 later decision quote this exact passage
   e.g. 912 So. 2d 730 - Hodges v. State