Morgan v. Devine’s Empirical Analysis
237 U.S. 632 · 1915
Citation profile
507 federal appellate · 42 district · 159 state decisions
How this case has been cited
Cited by 855 later decisions (35 by the Supreme Court) — most recently March 2012 · most notably Fay v. Noia (1963), Whalen v. United States (1980)
507 federal appellate · 42 district · 159 state decisions — followed in 35 states
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 Ex parte Lange · Gavieres v. United States · Ex parte Virginia · Ex Parte Nielsen · Burton v. United States
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 855 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`* * * the test of identity of offenses is whether the same evidence is required to sustain them; if not, then the fact that both charges relate to and grow out of one transaction does not make a single offense where two are defined by the statute.'”
16 later decisions quote this exact passage · from the majority““But the test is not whether the criminal intent is one and the same and inspiring the whole transaction, but whether separate acts have been committed with the requisite criminal intent and are such as are made punishable by the act of Congress.””
8 later decisions quote this exact passage · from the majority““ * * * ‘The test'is, whether, if what is set out in the second indictment had been proved under the first, there could have been a conviction; when there could, the second cannot be maintained; when there could not, it can be.’ Bishop’s Criminal Law (8th Ed.) § 1052, subd. 2; Morgan v. Devine, 237 U. S. 632 , 641, 35 S. Ct. 712 , 59 L. Ed. 1153 ; Carter v. McClaughry, 183 U. S. 365 , 394, 22 S. Ct. 181 , 46 L. Ed. 236 ; Burton v. United States, 202 U. S. 345 , 381, 26 S. Ct. 688 , 50 L. Ed. 1057 , 6 Ann. Cas. [392].””
4 later decisions quote this exact passage · from the majority
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.