Smith v. United States’s Empirical Analysis

Citation profile

15 federal appellate · 3 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was no testimony that the Cannabis sativa in appellant’s cigarettes was, or that it was not, derived from the sources which the statute says marihuana ‘shall not include’. This does not affect the validity of the conviction. It is settled that an indictment ‘founded on a general provision defining the elements of an offense * * ⅜ need not negative the matter of an exception made by a proviso or other distinct clause, whether ⅛ the same section or elsewhere, and that ⅛ is incumbent on one who relies on such an exception to set it up and establish it.’ McKelvey v. United States, 260 U.S. 353, 357 , 43 S.Ct. 132 , 67 L.Ed.2d 301 .””

   1 later decision quote this exact passage · from the majority
   e.g. Doggett v. State

2. “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Plume

3. ““ . . .In the absence of the production of evidence by the defendant that he has complied . . . with the provisions of section 4742 relating to order forms, he shall be presumed not to have complied with such provisions of such section.””

   1 later decision quote this exact passage · from the majority
   e.g. Daniels v. United States