Beard v. State’s Empirical Analysis

Citation profile

96 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In regard to the claimed infringement of the right of appellate review under the Indiana Constitution, we recently noted that procedural guidelines for the routine exercise of this power have not yet been formulated. As stated in Beard v. State, (1975) 262 Ind. 643 , 323 N.E.2d 216 , 219: ‘The judicial article of our Constitution was amended in 1970 by an express grant of the power to review and revise the sentence imposed. The grant appears to go beyond our inherent power to review and revise those sentences that exceed constitutional limitations, a responsibility that we have previously recognized. Dembowski v. State, (1968) 251 Ind. 250 , 240 N.E.2d 815 ; Hobbs v. State, (1969) 253 Ind. 195 , 252 N.E.2d 498 ; Landaw v. State, (1972) 258 Ind. 67 , 279 N.E.2d 230 . Thus far, we have refrained from exercising this recently granted power and believe that it can be properly exercised only under a program of policies and procedures not yet established. We, therefore, decline the defendant’s prayer for a review of his sentence.’”

   2 later decisions quote this exact passage
   e.g. Delph v. State · Stoehr v. State

2. ““Kidnaping. — Whoever kidnaps, or forcibly or fraudulently carries off or decoys from any place within this state, or arrests or imprisons any person, with the intention of having such person carried way from any place within this state, unless it be in pursuance of the laws of this state or of the United States, is guilty of kidnaping, and, on conviction, shall be imprisoned in the state prison during life.” “Child stealing. — Whoever takes, leads, carries, decoys or entices away a child under age of fourteen [ 14] years, with intent unlawfully to detain or conceal such child from its parents, guardian or other person having the lawful charge or custody of such child, and whoever, with the intent aforesaid, knowingly harbors or conceals any such child so led, taken, carried, decoyed or enticed away, on conviction, shall be fined not less than fifty dollars [ $50.00], nor more than one thousand dollars [ $1,000], and be 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. Rector v. State

3. “"Whoever has carnal knowledge of a woman forcibly against her will, or of a female child under the age of sixteen [16] years; or whoever being over eighteen [18] years of age, has carnal knowledge of a woman, other than his wife, who is insane, epileptic, idiotic, or feeble-minded, he knowing of such condition; or whoever, being over eighteen [18] years of age, has carnal knowledge of a woman who is an inmate of the woman's prison or the Indiana School for Girls, is guilty of rape, and on conviction shall be imprisoned not less than two [2] years nor more than twenty-one [21] years: Provided, That in cases where the female upon whom the crime is committed is a child under the age of twelve [12] years, the punishment shall be imprisonment for life. [Acts 1941, ch. 148, § 3, p. 447.]" [1]”

   1 later decision quote this exact passage
   e.g. 169 Ind. App. 287 - Buchanan v. State