Smithhart v. State’s Empirical Analysis

Citation profile

23 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. “. “Every person who shall aid or abet in the commission of a felony, or who shall counsel, encourage, hire, command, or otherwise procure a felony to be committed, may be charged by indictment, or affidavit, tried and convicted in the same manner as if he were a principal, either before or after the principal offender is charged, indicted or convicted; and, upon such conviction he shall suffer the same punishment and penalties as are prescribed by law for the punishment of the principal.” (Amended by Acts 1974, P.L. 143, § 17, p. 612.)”

   3 later decisions quote this exact passage
   e.g. 157 Ind. App. 319 - Crane v. State · 157 Ind. App. 573 - Maynard v. State

2. ““On the question of the necessity to introduce as exhibits the property alleged to have been stolen or at least a part thereof, this Court has previously held that it is not always necessary to introduce such property in evidence, and, citing Underhill’s Criminal Evidence implied that is a matter within the discretion of the court. Carver v. State (1962), 243 Ind. 183 , 183 N.E.2d 592 . “In the instant case we are not going to reverse the judgment on account of the failure of the State to introduce in evidence the stolen merchandise. We are of the opinion it is better to do so and that in all future cases, unless there be good reason, on account of weight, size and availability for not introducing such evidence as a part of its case in chief, as a part of the proof of the corpus delicti, the failure of the State to introduce such evidence as an exhibit or exhibits shall be sufficient reason to require the trial court, on motion of the defendant, to strike from the record all evidence relative thereto.” 250 Ind. 294, 301 , 235 N.E.2d 695 .”

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

3. ““It is clear that under this statute (9-102) the appellant could be convicted as a principle if he aided or abetted the breaking and entering of the home without regard to whether he himself had entered the home.” Smithhart v. State (1971), 256 Ind. 533 , 270 N. E. 2d 740 .”

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