Public-domain · open source
OpenJurist
← 23 WVA 773 - State v. Heaton

State v. Heaton’s Empirical Analysis

1883

Citation profile

29
cited by 29 later decisions
2
states following
April 1980
most recently cited

1 federal appellate · 26 state decisions

How this case has been cited

Cited by 29 later decisions — most recently April 1980 · most notably 141 W. Va. 55 - State v. Huffman (1955), 91 W. Va. 737 - State v. Powers (1922)

1 federal appellate · 26 state decisions

5018831890190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Pike · Washington v. B. & O. R. R. · Pierce v. State · John Games v. John Stiles · State v. Hodge

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

  1. ““It still does not appear that the indictment was delivered in court by the grand jury, and its finding recorded. This omission is a fatal defect. No man can be tried for a felony in the courts of this commonwealth except upon an indictment of the grand jury, and the indictment to be valid must be presented in open court and the fact recorded. Until this is done the accused is not indicted. This was decided in Cawood's Case, nearly three-quarters of a century ago. * * * It was held to be essential to the validity of an indictment that it be imblicly delivered in open court, and that the fact be recorded; that ibis is the evidence required by law to prove that it is sanctioned by the accusing body; and that until it is so presented the party charged by it is not indicted. * * * That case has always been regarded as settling the rule in this state.””
    1 later decision quote this exact passage
  2. ““Russell in his work on Crimes, volume 2, page 288, thus lays down the common-law: ‘There is no doubt that there may be a sufficient ownership of the goods stolen in a person who has only a special property in them; and that they may be laid as the goods and chattels of such person in the indictment. A lessee for years, a bailee, a pawnee, a carrier and the like have such special property; and the indictment will be good, if it lay the property of the goods either in the real owners, or in the person having only such special property in them.’” [Citation omitted] [Emphasis supplied] [ 23 W.Va. at 781 ].”
    1 later decision quote this exact passage
  3. ““The solemnity required by bur in making a criminal accusation is thus stated by the court in the Commonwealth v. Cawood, 2 Va. Cas. 541 .””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.