State v. Spaulding’s Empirical Analysis
1880
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 1963 · most notably People v. Bird (1931), State v. Hooper (1934)
42 state decisions — followed in 16 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 Hedley
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Defendant was the city clerk; the money which he is charged with embezzling came from two sources — licenses, and from what is known as the ‘dog tax.’ Under the city ordinances, applicants for licenses were required to pay the license fee to the city treasurer.....The city clerk prepared and attested the license, which was signed by the mayor, but he had nothing to do with the receipt of the money. The provisions concerning the dog tax were different, for as to that the ordinance in terms authorized the clerk to receive the tax, and thereafter pay it over to the city treasurer. Unquestionably this money, while in his hands, was city money, and an embezzlement of it was an embezzlement of city funds..... “Upon these facts (and others recited in the opinion not pertinent here), defendant asked the court to instruct the jury that no conviction could be had for embezzling this license money, inasmuch as the charge was of embezzling money of the city, and this money never having passed into the hands of the treasurer, was still the money of the various licensees, or at any rate was-not the money of the city.””
1 later decision quote this exact passage · from the majoritye.g. State v. Dawe““The prosecutor, in preparing the information, may use many counts, varying in them the formal and non-essential matters of the crime. He may not add a new offense. To larceny he may not add robbery ; nor to murder arson. Neither may he add to the larceny of one piece of property, the larceny of another. He may not substitute one offense for another ; but he may, by several counts, guard against the contingencies of the testimony.” (See, also, Turner v. People, 33 Mich. 363 .)”
1 later decision quote this exact passage · from the majoritye.g. State v. Fields
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.