United States v. Garguilo’s Empirical Analysis
310 F.2d 249 · 1962
Citation profile
197 federal appellate · 1 district · 22 state decisions
How this case has been cited
Cited by 233 later decisions — most recently August 2005 · most notably United States v. Ortiz (1992), United States v. Kelly (1965)
197 federal appellate · 1 district · 22 state decisions — followed in 18 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3481 · 18 U.S.C. § 474 · 28 U.S.C. § 2106
Relies on Glasser v. United States · Nye & Nissen v. United States · Bryan v. United States · Bruno v. United States · United States v. Peoni
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 233 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But knowledge that a crime is being committed, even when coupled with presence at the scene, is generally not enough to constitute aiding and abetting. In Nye & Nissen v. United States, 336 U.S. 613 , 619, 69 S.Ct. 766 , 93 L.Ed. 919 (1949), the Supreme Court said, quoting Judge Learned Hand in United States v. Peoni, 100 F.2d 401 , 402 (2 Cir. 1938): ‘In order to aid and abet another to commit a crime it is necessary that a defendant “in some sort associate himself with the venture, that he participate in it as in something that he wishes to bring about, that he seek by his action to make it succeed.” ’ ”.”
12 later decisions quote this exact passage · from the majority““It is far from clear that such an instruction is prejudicial to a defendant; the chances are rather that it is helpful. The jurors have observed the defendant’s failure to take the stand; in the absence of instruction, nothing could be more natural than for them to draw an adverse inference from the lack of testimony by the very person who should know the facts best.””
8 later decisions quote this exact passage · from the majoritye.g. State v. Baxter · State v. Perry“in plain words that mere presence and guilty knowledge on the part of Macchia would not suffice unless they were also convinced beyond a reasonable doubt that Macchia was doing something to forward the crime,”
7 later decisions quote this exact passage · from the majority
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.