Bain v. Commonwealth’s Empirical Analysis

Citation profile

22 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. ““In this case it is shown without contradiction that the names put into the jury wheel by the jury commissioners of Knox county'were not taken from the required assessor’s books as prescribed by the statute supra (section 2241), and from the names that were put into the wheel by the commissioners both the grand jury that found the instant indictment, and the petit jury tendered for the trial of the case, were selected. Hence the motion by appellant to quash the indictment against him, and the other one to quash the panel of the petit jury after the first one was overruled should each have been sustained in the absence of a showing by the commonwealth that the proof offered by defendant in establishment of the violations relied on by him were overcome by contradictory proof showing its falsity. No such contradictory proof was offered by the commonwealth and, we repeat, the court erred in not sustaining the motion to quash the indictment and resubmit it to a properly-selected grand jury, and again erred when it overruled appellant’s motion to discharge the entire panel of the petit jury as based upon the same ground.””

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