Way v. State’s Empirical Analysis

Citation profile

27 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. ““Count One—Second Degree Burglary “State of Indiana, Vanderburgh County, ss: “Ollie R. Weaver, being duly sworn upon his oath says that Kenneth Rogers, on or about the 4th day of March, 1945, at said County and State, as affiant verily believes, did then and there unlawfully, feloniously and burglariously break and enter into" Cotton Schaefer’s Tavern, 500 Court St., Evansville, Vanderburgh County, Indiana, with the intent to commit a felony, and did then and there in said Cotton Schaefer’s Tavern unlawfully and feloniously attempt to and did commit a felony, to-wit: did then and-there unlawfully and felon iously take, steal and carry away personal goods and chattels of Cotton Schaefer’s Tavern to-wit: A safe, then and there being contrary to the form of the Statute, in such cases made and provided, and against the peace and dignity of the State of Indiana.” “Count Two—Automobile Banditry “State of Indiana, Vanderburgh County, ss: “Ollie R. Weaver, being duly sworn upon his oath says that Kenneth Rogers, on or about the 4th day of March, 1945, at said County and State, as affiant verily believes, did then and there unlawfully and feloniously rob, take, steal and carry away personal goods and chattels of Cotton Schaefer’s Tavern, to-wit: A safe, and the said Kenneth Rogers at said time and place had at or near the premises where said burglary was committed by him an automobile by the use of which he intended to escape and did escape, then and there being contrary to the form o”

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

2. ““There is no showing in the record that the amended affidavit filed on the date of trial was different in substance from the original, that it was based on other or different facts, that it would require other or different evidence to refute it, or that defendant would need other or additional witnesses than were required if the trial had been on the original affidavit. In such a situation wé must presume that the trial court properly exercised its discretionary powers. Its ruling will be presumed to be in accordance with the justice and merits of the case. We cannot presume that it has abused its discretionary powers, or that appellant’s rights have been injuriously affected. Roberts v. State, supra; Detro v. State, supra; Neal v. State (1938), 214 Ind. 328, 332, 333 , 14 N. E. (2d) 590, 15 N. E. (2d) 950.””

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

3. ““The court may at any time before, during or after the trial amend the indictment or affidavit in respect to any defect, imperfection or omission in form, provided no change is madb in the name or identity of the defendant or defendants or of the crime sought to be charged.””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Kaufman v. Gould