United States v. Falcone’s Empirical Analysis
311 U.S. 205 · 1940
Citation profile
897 federal appellate · 30 district · 71 state decisions
How this case has been cited
Cited by 1,173 later decisions (20 by the Supreme Court) — most recently June 2025 · most notably Kotteakos v. United States (1946), Von Moltke v. Gillies (1948)
897 federal appellate · 30 district · 71 state decisions — followed in 15 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.
Appellate journey
reviewedUnited States v. Falcone (from Second Circuit Court of Appeals)
Relationships
Relies on Pettibone v. United States · Gebardi v. United States · United States v. Falcone · United States v. Truesdell
Cited together with Direct Sales Co. v. United States · Glasser v. United States · Kotteakos v. United States · Blumenthal v. United States · Pinkerton v. United States
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 1,173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The gist of the offense of a conspiracy, as defined by § 37 of the Criminal Code, 18 U.S.C. § 88 [now 18 U.S.C. § 371 ], 18 U.S.C.A. § 88 , is agreement among the conspirators to commit an offense attended by an act of one or more of the conspirators to effect the object of the conspiracy. *•***•*# “Those having no knowledge of the conspiracy are not conspirators * * * and one who without more furnishes supplies to an illicit distiller is not guilty of conspiracy even though his sale may have furthered the object of the conspiracy to which the distiller was a party but of which the supplier had no knowledge.””
10 later decisions quote this exact passage · from the majority“[t]hose having no knowledge of [a] conspiracy are not conspirators ... and one who without more furnishes supplies to an illicit dealer is not guilty of conspiracy even though his sale may have furthered the object of a conspiracy to which the [illicit dealer] was a party but of which the supplier had no knowledge.”
9 later decisions quote this exact passage · from the majority“It is not enough that [the defendant] does not forego a normally lawful activity, of the fruits of which he knows that others will make an unlawful use[.] ... We may hgree that morally the defendants at bar should have refused to sell to illicit distillers; but, both morally and legally, to do so was toto coelo different from joining with them in running the stills.”
2 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.