Smart v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he offense of burglary at common law was considered one aimed at the security of the habitation rather than against property. That is to say, it was the circumstance of midnight terror aimed toward a man or his family who were in rightful repose in the sanctuary of the home, that was punished, and not the fact that the intended felony was successful. Such attempted immunity extended to a man’s dwelling or mansion house has been said to be attributable to the early common-law principle that a man’s home is a castle.””

   2 later decisions quote this exact passage
   e.g. State v. Burdick · State v. Celli

2. “a ‘home’ or a permanent or settled residence house for a family and their personal possessions. It also connotes a range of sentiment and feeling associated with it.” (emphasis supplied) 244 Ind. at 73 .”

   2 later decisions quote this exact passage
   e.g. 161 Ind. App. 157 - Burgett v. State · White v. State

3. ““But when a habitation is vacated, even though temporarily, it ceases to be a place where humans make their abode and so becomes a place other than a ‘place of human habitation.’ Thus, a breaking and entering of such empty habitation becomes second-degree burglary according to the statute.” 190 N.E.2d at 653 .”

   1 later decision quote this exact passage
   e.g. 181 Ind. App. 232 - Middleton v. State