State v. Richardson’s Empirical Analysis

Citation profile

4 federal appellate · 18 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is admitted that such evidence is necessary to substantiate that part of the indictment which alleges that the crime of perjury was committed by the person therein named; and in this respect no objection is made to the instructions of the court to the jury. And as to that part of the indictment, which charges the defendant with subornation of perjury, or procuring the commission of the said crime, .we think 'it vei^r clear that the same rule of evidence does not apply. . The reason of the rule in cases of perjury is, that the same effect is to be given to the testimony of the party accused, as to that of the accusing witness, so that if there be no other proof, the scale of evidence is poised; there being witness against witness, oath against oath. No such reason exists as to the proof of that part of the indictment which charges the defendant with the procuring of the commission of the perjury; and this part of the charge, as we think, may undoubtedly be proved by the testimony of one witness. This exception therefore is not founded on any good reason, nor do we find it sustained by any authority.” ■”

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

2. ““By what course of logic can these reasons be made to apply to the case of a suborner? Why should the rule as to him be different from that applied in eases of larceny, rape, or other criminal offenses? The presumption of his innocence certainly is of no greater weight than in the ease of one accused of larceny or rape- There is no public policy reason why his conviction should be made more difficult than in the majority of other felonies. He is not convicted of an offense occurring while he is under oath and testifying. The offense that he commits is virtually consummated before the witness gives his testimony. He is not charged with the giving of false testimony. He does not ■commit his crime while performing any nec essary function in the progress of a trial. Why, then, should his conviction require greater proof than in convicting for theft? We do not think it does. All of the authorities hold that a single witness, uncorroborated, can make sufficient proof of the suborning.””

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