DeVault v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * the essentials necessary to constitute a conspiracy under the statute are well established and are stated as follows: ‘In order to be a conspiracy there must be an intelligent and deliberate agreement to commit the offense .charged. It is sufficient if the minds of the parties meet understanding^ to bring about an intelligent and deliberate agreement to do the acts and commit the offense, though the agreement is not manifest by any formal words. Concurrence of sentiment and cooperative conduct in an unlawful and criminal enterprise are the essential ingredients of criminal conspiracy. There must be an agreement and there must be evidence to prove the agreement directly or such a state of facts that any agreement may be legally inferred. Conspiracies cannot be established by a mere suspicion. Evidence of mere relationship or association between the parties does not show a conspiracy. Coughlin v. State (1950), 228 Ind. 393 , 92 N. E. 2d 718, 719 ; Robertson v. State (1952), 231 Ind. 368, 370 , 108 N. E. 2d 711, 712 ; Mattingly v. State (1957), 237 Ind. 326, 338 , 145 N. E. 2d 650, 656 .” (Emphasis supplied)”

   1 later decision quote this exact passage
   e.g. Turner v. State

2. ““Conspiracy to commit felony—Any person or persons who shall unite or combine with any other person or persons for the purpose of committing a felony, within or without this State; or any person or persons who shall knowingly unite with any other person or persons, body, association or combination of persons, whose object is the commission of a felony or felonies, within or without this state, shall, on conviction, be fined not less than twenty-five dollars ($25.00) nor more than five thousand dollars ($5,000), and imprisoned in the state prison not less than two (2) years nor more than fourteen (14) years.””

   1 later decision quote this exact passage
   e.g. Turner v. State