Webb v. United States’s Empirical Analysis
369 F.2d 530 · 1966
Citation profile
19 federal appellate · 1 district ·
How this case has been cited
Cited by 22 later decisions — most recently October 2008
19 federal appellate · 1 district ·
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.
Relationships
Applies 18 U.S.C. § 2312 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Russell v. United States · Hartman v. United States · United States v. Turley · Van Liew v. United States · People v. Pond
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Courts measure the sufficiency of an indictment by two basic criteria: “[FJirst, whether the indictment ‘contains the elements of the offense intended to be charged, “and sufficiently apprises the defendant of what he must be prepared to meet,” ’ and, secondly, ‘ “in case any other proceedings are taken against him for a similar offense whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.” ’ ””
2 later decisions quote this exact passage · from the majoritye.g. King v. Beto · Cameron v. Hauck“The Dyer Act has a broad sweep. “ ‘Stolen’ as used in 18 U.S.C. § 2312 includes all felonious takings of motor vehicles with intent to deprive the owner of the rights and benefits of ownership, regardless of whether or not the theft constitutes common-law larceny,” United States v. Turley, 1957, 352 U.S. 407, 417 , 77 S.Ct. 397, 402 , 1 L.Ed.2d 430, 436 . The Court held in Turley that the definition of the “intent to deprive” and the “rights and benefits of ownership” under this statute “should not be dependent on state law.” 352 U.S. at 411 , 77 S.Ct. [397] at 399. The automobile’s unique suitability to felonious taking by “innumerable forms of theft” compels comprehensive federal protection against all possible “loopholes for wholesale evasion.” 352 U.S. at 416-417 , 77 S.Ct. 397 . The trial court’s instructions in this case carefully followed the Turley requisites. The court charged that “stolen” means “any wrongful or dishonest taking whereby a person obtains property belonging to another without or beyond any permission given and with the intent to deprive the owner of the right and benefit of the ownership.” The jury could not mistake the two essential elements of the federal crime: (1) That the rights of ownership be held by another person; and (2) that the defendant have the intent to deprive the owner of his rights at the time named in the indictment. * * * [Footnote omitted.]”
1 later decision 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.