State v. . Cockerham’s Empirical Analysis

Citation profile

1 federal appellate · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The time at which a sentence shall be carried into execution forms no part of the judgment of the court. The judgment is the penalty of the law, as declared by the court, while the direction, with respect to the time of carrying it into effect, is in the nature of an award of execution. In this case the judgment, was that the defendant be imprisoned 2 calendar months, and the words, which follow in tho record, ‘from! and after the 1st of November next,’ direct the time of executing the judgment. The entry, indeed, would have been more formal, had the judgment and the mandate for carrying it into effect been separate and distinct. But, however informal, it can bo understood, in conformity to the law, as consisting of distinct parts, and therefore ought to he so understood. Upon the defendant appearing in court and his identity not being denied, and it being admitted that tho sentence of the court had not been executed, it was proper to make the necessary order for carrying the sentence into execution.””

   1 later decision quote this exact passage
   e.g. Bernstein v. United States