Wells v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The affidavit under which the defendant was charged stated, in part, that the defendant ‘did then and there unlawfully, feloniously, forcibly by violence and putting Mildred Schildmeier, in fear, take from the person and possession of said Mildred Schildmeier * * *’ Defendant contends that the judgment is not supported by sufficient evidence and is contrary to law since the State did not submit evidence that the said Mildred Schildmeier was in fact, a victim of any violence. In Cross v. State (1956), 235 Ind. 611, 614 , 137 N.E.2d 32, 33 , this Court stated: ‘It is well settled that while the principle of robbery is violence, actual violence is not the only means by which a robbery may be effected; that it may also be accomplished by fear, which the law considers as constructive violence. “There is no question but that Mildred Schildmeier was put in fear and she so testified at the trial. We thus find that the allegations of the affidavit were sufficiently proved at the trial of this cause.” (Original Emphasis.) 267 N.E.2d at 373 -374”

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

2. ““Even if an arrest is illegal, it has been held that it does not amount to a denial of due process. Further, there is authority for the proposition that an illegal arrest, in itself, in no way affects a judgment of conviction. People v. Rose (1961), 22 Ill.2d 185 , 174 N.E.2d 673 . The general rule also being that the jurisdiction of a court over the person of the defendant is not terminated by an illegal arrest. See 22 C.J.S. Criminal Law § 144, p. 382; 96 A.L.R. 982 ; State v. Wenzel (1881), 77 Ind. 428 . * * * «* * * whether the defendant was arrested legally or illegally has no relevance with reference to the proof of the crime itself. In fact, a person may be tried for a crime without ever having been technically arrested if he is in custody and present in court at the time of the trial.””

   1 later decision quote this exact passage
   e.g. 161 Ind. App. 461 - Smith v. State

3. ““We first point out that the Kinnaird case involved evidence that was secured by a search following an arrest, and this Court, in a divided opinion, held that such evidence was not admissible under the theory that the arrest was not made following a hearing on probable cause. We do not have that situation here. We have here no evidence obtained as a result of any arrest or search following such arrest. The arrest was not connected in any way with the testimony of the witnesses who testified and who observed the robbery. The arrest therefore is not relevant to the testimony introduced at the trial, as could be the case where a search follows an arrest, and evidence is thus obtained. The Kinnaird case therefore is not pertinent to this case.””

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