351 So. 2d 535 - Brewer v. State’s Empirical Analysis

Citation profile

11 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. “"Every material fact and essential ingredient of the offense — every essential element of the offense — must be alleged with precision and certainty, or, as has been stated, every fact which is an element in a prima facie case of guilt must be stated in the indictment." ([ Love v. State ] 211 Miss. [606] at 611, 52 So.2d [470] at 472). ( Brewer, 351 So.2d at 536 ).”

   3 later decisions quote this exact passage
   e.g. Smith v. State · 921 So. 2d 275 - Mixon v. State

2. “[a]ll objections to an indictment for a defect appearing on the face thereof, shall be taken by demurrer to the indictment, and not otherwise, before ... the jury shall be impaneled in all other cases, and not afterward.”

   1 later decision quote this exact passage
   e.g. 749 So. 2d 250 - Porter v. State

3. “The court for any formal defect, may, if it be thought necessary, cause the indictment to be forthwith amended, and thereupon the trial shall proceed as if such defect had not appeared.”

   1 later decision quote this exact passage
   e.g. 921 So. 2d 275 - Mixon v. State