State v. Ward’s Empirical Analysis

Citation profile

2 district · 117 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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. PRINCIPAL IN THE FIRST DEGREE “The distinction between principals in the first and second degrees is a distinction without a difference except in those rare instances in which some unusual statute has provided a different penalty for one of these than for the other. A principal in the first degree is the immediate perpetrator of the crime while a principal in the second degree is one who did not commit the crime with his own hands but was present and abetting the principal. It may be added, in the words of Mr. Justice Miller, that one may perpetrate a crime, not only with his own hands, but ‘through the agency of mechanical or chemical means, as by instruments, poison or powder, or by an animal, child, or other innocent agent’ acting under his direction. “There may be joint principals in the first degree, as where two or more cause the death of another by beating, stabbing, shooting or other means, in which both, or all, participate. If, however, one holds a victim while a second inflicts a fatal injury with a knife, only the stabber is a principal in the first degree, because the stabbing caused the death and the holding was merely aiding, thus rendering the holder guilty as a principal in the second degree.” Id. at 736. (Emphasis in original.)”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Matusky · Bowers v. State

2. “In Maryland, murder and manslaughter are not considered as degrees of felonious homicide, but are regarded as distinct offenses, distinguished by the presence of malice aforethought in murder and the absence of malice aforethought in manslaughter.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hook v. State · Whittlesey v. State

3. ““[Pope] would be a principal in the second degree if she aided or abetted in the commission of the crime. The principal in the second degree differs from the principal in the first degree in that he does not do the deed himself or through an innocent agent but in some way participates in the commission of the felony by aiding, commanding, counseling or encouraging the actual perpetrator. R. Perkins, Criminal Law 658-659 (2d ed. 1969); Clark & Marshall, A Treatise on the Law of Crimes § 8.02 (7th ed. 1967). Unless he contributed actual aid it is necessary that his approval should be manifested by some word or act in such a way that it operated on the mind of the perpetrator. Even the secret acquiescence or approval of the bystander is not sufficient to taint him with the guilt of the crime. ‘Counsel, command or encouragement may be in the form of words or gestures. Such a purpose “may be manifested by acts, words, signs, motions, or any conduct which unmistakably evinces a design to encourage, incite, or approve of the crime.” Promises or threats are very effective for this purpose, but much less will meet the legal requirement, as where a bystander merely emboldened the perpetrator to kill the deceased____ One may also encourage a crime by merely standing by for the purpose of giving aid to the perpetrator if necessary, provided the latter is aware of this purpose. Guilt or innocence of the abettor ... is not determined by the quantum of his advice or encouragement. If it is ”

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