3 Md. App. 11 - Boone v. State’s Empirical Analysis

Citation profile

102 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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At common law it meant nothing more than that where there had been a final verdict either of acquittal or conviction, on an adequate indictment, the defendant could not be a second time placed in jeopardy for the particular offense.””

   3 later decisions quote this exact passage · from the majority
   e.g. Butler v. State · 5 Md. App. 675 - Greathouse v. State

2. ““ * * * if after a careful and conscientious consideration of the evidence in this case you are satisfied beyond a reasonable doubt that the accused killed the deceased or participated in the killing of the deceased under the circumstances showing no justification,- mitigation or excuse, but that he killed him or participated somehow in the killing unlawfully and cruelly without adequate provocation, that is, with implied malice, your verdict should be guilty of murder in the second degree. “In the alternative, and after a careful and conscientious consideration of the evidence, you should be satisfied beyond a reasonable doubt that the defendant himself or with another killed the deceased proximately as the result of the perpetration or attempted perpetration of burglary in the fourth degree, and “that under the circumstances of this case the alleged burglary or attempted burglary was foreseeably dangerous to human life, your verdict should also be guilty of murder in the second degree. “I instruct you that you may return a verdict of murder in the second degree under either or both alternatives and I direct you to consider both alternatives in arriving at your decision.””

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

3. ““Although the rule against double jeopardy also forbids a second trial for the same offense when the accused was convicted, Gilpin v. State, 142 Md. 464 , this does not preclude a retrial granted on remand upon reversal of the judgment on appeal. . . Whether the rationale be that there is no conviction outstanding when judgment is reversed or that a waiver is accomplished by the affirmative action of the defendant when he procures a judgment against him to be reversed or set aside on appeal, the Court of Appeals and this Court have consistently permitted the accused to be again tried upon a reversal.””

   1 later decision quote this exact passage · from the majority
   e.g. 10 Md. App. 70 - Britton v. State