Kelly v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Former jeopardy is a matter of defense. It will be noted from the above quoted statute [also herein the above quoted § 9-1132] that this defense may be pleaded specially as a plea in bar or the same may be shown and proved under the general denial. This statute has no application when the facts showing former jeopardy appear of record in the same case. Under such circumstances this question can be raised by a motion to discharge as here attempted or in any other appropriate manner. 22 C.J.S. Criminal Law, § 277. In the case before us, however, extrinsic matters were relied upon in this motion. “This oral motion cannot be considered as a special plea in bar as such a plea must be in writing.””

   2 later decisions quote this exact passage
   e.g. Todd v. State · 168 Ind. App. 149 - Sawyers v. State