364 So. 2d 1004 - State v. Beavers’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"§ 329.1 Riot A. A riot is a public disturbance involving an assemblage of three or more persons acting together or in concert which by tumultuous and violent conduct, or the imminent threat of tumultuous and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property. "§ 329.7 Punishment A. Whoever willfully is the offender or participates in a riot, or is guilty of inciting a riot, or who fails to comply with a lawful command to disperse, or who is guilty of wrongful use of public property, or violates any other provision hereof shall be fined not more than five hundred dollars or be imprisoned not more than six months, or both. B. Where as a result of any willful violation of the provisions of R.S. 14:329. 1-14:329.8 there is any serious bodily injury or any property damage in excess of five thousand dollars, such offender shall be imprisoned at hard labor for not more than five years. C. Where, as a result of any willful violation of the provisions of R.S. 14:329. 1-14:329.8, the death of any person occurs, such offender shall be imprisoned at hard labor for not to exceed twenty-one years."”

   1 later decision quote this exact passage
   e.g. 394 So. 2d 1218 - State v. Beavers

2. “"... Dudley Patrick Beavers on or about the tenth (10th) day of January, 1972, committed the offense of rioting by participating, violating Louisiana Revised Statutes 14:329.1, 14:329.7, in that you participated in a riot which resulted in the deaths of Ralph Hancock and Dewayne Wilder against the provisions of La.R.S. 14:329.1 [and] 14:329.7. More specifically, the above violations occurred in that you willfully participated in a public disturbance involving you and others acting together and in concert by blocking the 1300 block of North Boulevard with parked vehicles and a line of human beings, involving you and others, across North Boulevard, thereby creating a confrontation with police authorities and physically attacking said authorities when they attempted to remove said obstructions causing a public disturbance from which the deaths of Ralph Hancock and Dewayne Wilder resulted, all in violation of the aforementioned provisions of law, and additionally, specifically in violation of the aforementioned provisions..."”

   1 later decision quote this exact passage
   e.g. 394 So. 2d 1218 - State v. Beavers

3. “Special verdicts are not favored in criminal cases because of their restrictive effects upon the jury. Special verdicts impair or wholly abrogate the defendant's right to a general verdict, which is an important element of the constitutional right to a jury trial. [Footnote and citation omitted.] The danger inherent in the use of special verdicts in criminal trials is that a reluctant juror might be coerced into reaching a pre-determined result. Although special verdicts may guide a jury toward a logical result, there is grave danger that special verdicts in criminal cases would prevent the jury from performing its most important, uniquely human function, of providing the defendant with a safeguard against arbitrary, unchecked governmental power through community participation in the determination of guilt or innocence.”

   1 later decision quote this exact passage
   e.g. State v. White