State v. Tindall’s Empirical Analysis

Citation profile

4 federal appellate · 21 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The crime of larceny and that of receiving stolen property being distinct and separate offenses, it becomes necessary to determine whether participation, in the larceny by one accused of receiving the goods is of such character and extent as to make the receiving a part of the theft itself, or whether the receiving it, under the circumstances, so distinct as to constitute the separate offense defined by the statute as receiving. Thus it has been said that the reason for the general rule, that is, that the thief may not receive the stolen property from himself, disappears where the receiving of the stolen property is not embraced in the caption and asportation, or where the person prosecuted for the receiving is not the prinicpal thief or guilty of the actual taking and carrying away. 45 Am. Jur., Sec 10, Page 393. Accordingly, the accused may be convicted of criminally receiving stolen property, even though he was a guilty participant in the stealing of it, where he took no part in the actual caption and asportation, but participated only as accessory before or after the fact. State v. Coppenburg, 2 Strob. 273, 33 S. C. L. 132; Leon v. State, 21 Ariz. 418 , 189 P. 433 , 9 A. L. R. 1393.””

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