People v. Berner’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant urges as grounds for reversal that the evidence is insufficient to support the judgment in that it does not show the defendant to have been either addicted to the use of, or under the influence of, narcotic drugs within the meaning of section 506 [now § 23105] of the Vehicle Code. It is argued in that connection that inasmuch as neither the phrase ‘addicted to the use,’ nor the phrase ‘under the influence,’ is defined, that such section is intended to apply only when such addiction or influence renders the individual thus afflicted incapable of operating a motor vehicle. It is pointed out, by analogy, that the phrase ‘under the influence of intoxicating liquor’ has been defined by the courts in connection with the interpretation of the Vehicle Code (People v. Dingle, 56 Cal.App. 445 [ 205 P. 705 ]), and that the same test should apply to the provision of the Vehicle Code herein under consideration.' It is urged that if such tests were applied, the defendant could not be held to have violated the above section. ‘ ‘ The argument is plausible but not logical. That defendant was addicted to the use of narcotic drugs within the meaning of section 506 of the Vehicle Code there can be no question. Whether he was at the moment of his arrest under the ‘influence’ of such drug is therefore unimportant. There is slight, if an3r, resemblance between the use of narcotic drugs and the use of intoxicating liquors, and the likely or possible effect thereof upon the individual. It ”

   1 later decision quote this exact passage
   e.g. 189 Cal. App. 2d 300 - People v. Kimbley