Duncan v. Commonwealth’s Empirical Analysis

Citation profile

2 federal appellate · 9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““True, this particular defendant may have been fully aware of the details of the charge made against him, but we cannot indulge that presumption without abrogating the fundamental principle that it is not enough to charge the crime by name; the substantive elements must also be stated.” (Citing cases.)”

   2 later decisions quote this exact passage
   e.g. Thomas v. Commonwealth · Jones v. Commonwealth

2. ““The Grand Jury of Fleming County, in the name and by the authority of the Commonwealth of Kentucky, accuse Glen Whitaker of the crime of False Swearing committed in manner and form as follows, to-wit: “The said defendant, Glen Whitaker in the said county of Fleming, on the 23rd day of October A.D. 1961, and before the finding of this indictment, having been duly sworn by a person authorized to administer oaths, to-wit: Anna McRoberts, deputy County Court Clerk, about a subject on which he could legally be sworn and on which he was required to be sworn, to-wit: an application for a marriage license and a marriage bond, did then and there unlawfully, wilfully, and feloniously swear that Betty Ferguson, the person whom he proposed to marry, was 21 years of age, that he was a construction worker, and that he resided in Dayton, Ohio, whereas in fact the said Betty Ferguson was only 14 years of age, the said Glen Whitaker was a school teacher residing in Elon, Ohio, and the falsity of all of which statements the defendant then and there knew. Contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the Commonwealth of Kentucky.””

   1 later decision quote this exact passage
   e.g. Whitaker v. Commonwealth

3. ““The indictment will not support a conviction for armed robbery, because it does not state the vital fact, differentiating armed robbery from the lesser offense of simple robbery, that the robbery was committed by use of a ‘pistol, gun or other firearm or deadly weapon,’ these being the terms by which the offense of armed robbery is specifically defined in the statute. * *”

   1 later decision quote this exact passage
   e.g. Wylie v. Commonwealth