State v. Holmes’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the charge against this accused were laid in the regular 0r long form, without containing averments describing with certainty the particular crime he intended to commit when entering the structure, the bill of information, unquestionably, would be fatally defective for the reason that as a general rule an ‘indictment must state every fact and circumstance necessary to constitute the offense,’ LSA-R.S. IS :227, and that ‘the accused shall be informed of the nature and cause of the accusation against him,’ Article 1, Section 10, Louisiana Constitution of 1921. In Wharton’s Criminal Law, 12th Edition, Volume 2, Section 1032, the following is stated: ‘An indictment charging the statutory crime of burglary must aver evefy' circumstance necessary to an exact description of the offense as defined by the statute creating it; and in the absence of such an allegation the indictment or information will be fatally defective, and will not support a conviction and sentence of imprisonment. Thus, an allegation charging an unlawful entry into a building with the intent to commit one of the crimes enumerated in the statute defining and punishing burglary, without designating which one of the offenses denounced in the statute, is not sufficient to charge a crime under such statute; * * *.’ ””

   3 later decisions quote this exact passage
   e.g. 288 So. 2d 612 - State v. Clark · State v. Barnes

2. ““In the indictment under consideration no particular felony, which defendant is supposed to have intended to commit, is described, or even referred to. The charge is that he entered a dwelling house ‘with the intent in so doing, then and there, to commit a felony.’ “The rule is well established that although in burglary and statutory housebreaking the intent, as defined by the law, is simply to commit a felony, it is not sufficient in the indictment to follow these general words, but the particular felony intended must be specified. The felony intended need not be set out as fully and specifically as would be required in an indictment for the actual commission of the felony. It is ordinarily sufficient to state the intended offense generally, as by alleging an intent to steal, or commit the crime of larceny, rape, or arson. “The word ‘felony’ is a generic term going to distinguish certain crimes, as murder, robbery, and larceny, from other minor offenses known as misdemeanors. The averment that the accused had broken and entered a dwelling house for the purpose of committing a felony failed wholly to apprise him of the specific offense which is claimed he intended to commit. * * * “Burglary being a 'breaking, etc., ‘with intent to kill, rob, commit a rape, or any other crime,’ in the place, an indictment is inadequate if it lays the intent only in the general words, ‘with intent to commit a crime, or felony;’ it must specify the felony or crime intended.” (Italics ours.)”

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

3. “that the district attorney, if requested by the accused prior to arraignment, may be required by the judge to furnish a bill of particulars setting up more specifically the nature of the offense charged.”

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