Harding v. State’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 6 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. ““Upon a construction of these provisions (the provisions of the statute providing for a grand jury of 16 men), it was held in State v. Hawkins, 5 Eng. [Ark.] 71, that it requires 16 legally constituted men to constitute a grand jury, and though an indictment may be found by the concurrence of not less than 12, yet the panel must consist of 16 lawful men. Adhering to the principle decided in this case, and applying it to that provision of the statute which prohibits the summoning of more than 16 to serve as grand jurors, in connection with those provisions which provide for the selection of that number only, and applying the principle that the requirements of the statute, touching such selection, must be strictly observed, as held in State v. Cantrell, 21 Ark. 127 , and Wilburn v.’ State, 21 Ark. 198 , we can but hold that a grand jury consisting of more than 16 persons is prohibited by our peculiar statutory provisions, and that an indictment found by them should be quashed on a ptlea in abatement. It will not do to say that the accused cannot be injured if the panel consists of more than 16, 'because while 12 out of 16 might not concur in finding a bill, 12 out of a greater number might do so. We do not feel authorized to disregard the plain provisions of the statute, it being safe to follow the law, but always dangerous to depart from it.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. London