State v. Broughton.’s Empirical Analysis

Citation profile

4 federal appellate · 3 district · 6 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The judges have not considered the rule as designed for the protection of witnesses, but for that of the grand jurors, and in furtherance of the public justice; and we own that our minds are inclined to adopt that conclusion, especially as in the modern case of Rex v. Watson, 32 Howell’s St. Tr. 107, Lord Ellenborough allowed a witness to be examined as to a part of his evidence and actions before the grand jury, and said that, though doubtful himself, he did so upon the authority of a previous decision, of which, however, he did not give the name". It seems to us that the witness has no privilege to have his testimony treated as a confidential communication, but that he ought to be considered as deposing under all the obligations of an oath in a judicial proceeding, and therefore that the oath of the grand juror is no legal or moral impediment to his solemn examination under the direction of a court as to the evidence before him, whenever it becomes material to the administration of justice.””

   1 later decision quote this exact passage
   e.g. In re Atwell

2. ““We think, too, that, in furtherance of justice, the law may have intended to forbid a grand juror from giving aid to one indicted, and thus found to be probably guilty, in his efforts to defeat the prosecution, by publishing the evidence before the grand jury, and thus enabling him to counteract, perhaps by foul means, after he knew where the case pinched. That would be betraying the state’s counsel, which is necessarily opened to the grand jury.””

   1 later decision quote this exact passage
   e.g. In re Atwell

3. ““By the policy of the law, grand juries act in secret, and, with the view of sustaining that policy, it is prescribed that a grand juror shall, among other things, swear that ‘the state’s counsel, your fellows’, and your own you shall keep secret.’ ””

   1 later decision quote this exact passage
   e.g. In re Atwell