30 N.J. Super. 235 - State v. Johnson’s Empirical Analysis
1954
Citation profile
3
cited by 3 later decisions
2
states following
September 1978
most recently cited
3 state decisions
Relationships
Relies on State v. Treasurer of Plainfield · State v. City of Camden · Roop v. State
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a general rule that the court has no power to impose an alternative sentence, which at the same time is uncertain and which gives to the defendant the choice of imprisonment or a fine. It is the court’s duty to determine whether one or the other or both shall be imposed. Roop v. State, 58 N. J. L. 487, 34 A. 885 (Sup. Ct. 1896) ; State (Miller) v. City of Camden, 63 N. J. L. 501, 43 A. 1069 (Sup. Ct. 1899). But we conclude that in this case there was no alternative, uncertain sentence imposed. The sentence was definite and if the defendant pays the fine and costs within the 30-day period he should be released immediately. See Flanagan v. Treasurer of Plainfield, 44 N. J. L. 118 (Sup. Ct. 1882) ; State v. Stevens, 133 N. J. L. 488, 44 A. 2d 713 (Sup. Ct. 1945). [at 237]”
1 later decision quote this exact passage“Committing a prisoner to jail until a fine is paid is no part of the punishment. The penalty, or the punishment adjudged, is the fine, and the custody adjudged is the mode of enforcing the payment of the fine. This is in accordance with the common law.”
1 later decision quote this exact passage
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.