State Ex Rel. Dutton v. Sevier’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[wjhile the court had jurisdiction of the crime charged against petitioner, it did not have jurisdiction to assess punishment in excess of that provided by law,” and”

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Green v. Moore · Merriweather v. Grandison

2. “an assault with intent to kill or to do great bodily harm”

   2 later decisions quote this exact passage
   e.g. State v. Cooper · State v. Watson

3. “But in the case just quoted [ie., Ex parte Toney] it will be perceived that the error was one of fact, provable by extrinsic evidence dehors the record. The record as it stood warranted the judgment, and the error of fact produced the difficulty. In such a case the court would not in a collateral proceeding undertake to revise the judgment. But in the case we are now considering, the question presented is far different. The error here does not arise out of matter of fact, but is patent on the face of the record. The record proper shows that the judgment of the court in passing sentence was illegal; that it was not simply erroneous or irregular, but absolutely void, as exceeding the jurisdiction of the court and not being the exercise of an authority prescribed by law.”

   1 later decision quote this exact passage
   e.g. Merriweather v. Grandison