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← 28 F.2d 189 - Rose v. St. Clair

Rose v. St. Clair’s Empirical Analysis

28 F.2d 189 · 1928

Citation profile

9
cited by 9 later decisions
2
cited 2 times by the Supreme Court
1
states following
August 1981
most recently cited

3 federal appellate · 2 district · 1 state decisions

How this case has been cited

Cited by 9 later decisions (2 by the Supreme Court) — most recently August 1981

3 federal appellate · 2 district · 1 state decisions

301928193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 18 U.S.C. § 612

Relies on Boyd v. United States · Weber v. Freed · Atlanta Enterprises, Inc. v. Crawford · Bush v. Leach · United States v. Wilson

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

  1. ““In the affidavit the ‘object of the conspiracy,’ within the meaning of the conspiracy statute, is confused with what may be conveniently called the ultimate purpose of the conspirators. The object of the conspiracy was to violate section 1 of the act of 1912; the ultimate purpose of the conspirators was to publicly exhibit the films in Virginia; and this clear and unavoidable distinction makes necessary the conclusion that the object of the conspiracy had been fully and completely effected when the interstate transportation of the films had been completed. It also follows that the subsequent exhibition of the films in this city, while it was an act done to effect the ultimate purpose of the conspirators, could not have been an act done “to effect the object of the conspiracy.’ When the object of a conspiracy has been fully accomplished, no act subsequently done can possibly be an act done to effect the object of the conspiracy. To speak of an act done after the object in view had been fully accomplished as an act done to effect such object is an absurdity. “It seems clear that the films were used ‘as a means’ of giving the exhibition which was being given when the affidavit was made. But Congress has never attempted to forbid the exhibition of pictures of prize fights, and, as the exhibition was not an act done to effect the object of the conspiracy, the use of the films in giving the exhibition is in this case without legal significance. The exhibition was merely an act (no”
    3 later decisions quote this exact passage · from the majority
  2. “doubt as to the constitutional power of Congress to forbid the public exhibition of pictures of prize fights in the states...”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.