Benge v. Commonwealth’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““II. The Court gives this instruction to acquaint the jury with the phrase ‘the personal property of Orville Young’ used in Instruction No. I: The Court instructs the jury that title to property and money can not pass as the result of gambling; that if Orville Young lost the sum of $122 in gambling and then won the same back, the said $122 was and remained the personal property of the said Orville Young. If the jury further believes from the evidence in this case to the exclusion of a reasonable doubt that the witness, Orville Young, went to the Parkette Cafe at the time testified to and had with him $122 in money, his own personal property, and that the said Orville Young lost said $122 in a poker game and later won the said $122 along with other sums of money, that the title to the $122 still remained in the said Orville Young, and if you further believe from the evidence that the said James Willard Marcum did by force take the sum of money from Orville Young in which sum was included the $122 which the said Orville Young came to said establishment with then you will find the defendant, James Willard Marcum, guilty if you believe from the evidence beyond a- reasonable doubt that the other elements of the offense included in Instruction No. 1 have been proven.” (Emphasis ours)”

   1 later decision quote this exact passage
   e.g. Marcum v. Commonwealth