State v. Volk’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this case, defendant was accused, by information, of an offense of which the district court had only appellate jurisdiction. Section 4702 of the Code provides that a case of this kind ‘shall stand for trial anew in the district court in the same manner as it should have been tried before the justice.’ It should have been tried before the justice in one of two modes: either by the court or by a jury. The provisions of the Code which apply in this case are as follows: ‘Sec. 4669. Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the justice must proceed to try the issue, unless a change of venue be applied for by defendant.’ ‘Sec. 4672. Before the justice has heard any testimony upon the trial, the defendant may demand a trial by jury.’ It will be noticed that the proper manner of trying a case of this kind in justice’s court is to try it to the justice, unless a jury is demanded by defendant. In other words, if he fail to demand a jury, he waives the right to be tried by one. This being the case in justice’s court, and the cause being tria-ble in the same mode or manner in the district court, the defendant had the power to consent to a trial to the court.””

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

2. ““When an appeal is taken, the magistrate shall forward to the appropriate district court clerk a copy of the docket entries in his court, together with copies of the complaint, warrant, motions, pleadings, and the exhibits or copies thereof, and all other papers in the case. The case shall stand for trial anew in the district court in the same manner as it originally should have been tried. The court shall have full power over the case, the judicial magistrate and his record, and shall render original judgment.” (emphasis supplied).”

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