Carrier v. State’s Empirical Analysis

Citation profile

5 federal appellate · 47 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The word “dwelling” imports a human habitation.’ “ ‘The character of the house is generally immaterial if it is occupied as a dwelling.’ ””

   4 later decisions quote this exact passage
   e.g. Simmons v. State · State v. Celli

2. ““Any person who wilfully and maliciously sets fire to or burns, or causes the setting of fire to or the burning, ... of any dwelling-house . . . finished or unfinished, occupied or unoccupied, . . . such being the property of another; . . .” Acts 1927, ch. 44, §1, p. 122, being §10-301, Burns’ 1942 Replacement, supra. “At common law arson was the malicious and voluntary or wilful burning of another’s house, or, as it was sometimes stated, the wilful and malicious burning of the dwelling house of another. It was an offense against the security of the habitation and had reference to the possession rather than the property. It was considered an aggravated felony and of greater enormity than any other unlawful burning because it manifested in the perpetrator a greater recklessness and contempt of human life than the burning of a building in which no human being was presumed to be.” 4 Am. Jur., Arson, §2, p. 87. See also: 6 C. J. S., Arson, §2 (a), p. 719.”

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

3. “... any dwelling house or other place of human habitation with the intent to commit a felony...”

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