State v. Brooks’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) when, prior to judgment, upon motion or upon the court’s own view, it is adjudged that an indictment or information is insufficient; “(b) when a judgment is arrested or set aside.””

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Corcoran v. Buder · State ex rel. Martin v. Berrey

2. ““The first question which the record before us presents is, whether the state can prosecute an appeal under the circumstances disclosed upon the face of it. ***** We think it clear that under the above sections the right to prosecute an appeal is limited to those cases where the indictment has been adjudged insufficient either on motion to quash, on demurrer, or motion in arrest of judgment because of defective indictment. It does not appear nor is it claimed that the indictment on which the state asks a judgment is insufficient either in form or substance, but on the contrary its sufficiency to support a judgment is admitted. The insufficiency of it is not alleged as a ground for arresting the judgment, but the reason alleged is that, admitting that it properly charges defendant with the crime of murder, defendant ‘being a slave and the said Jack Matthews alleged to have been killed being also a slave, said alleged act of defendant was not punishable under the laws in force at the time of the alleged commission of the offense, and that a slave under the laws in force at the time of the alleged commission of the offense was not punishable by imprisonment in the penitentiary.’ The judgment of the trial court was that these reasons were sufficient to authorize the judgment to be set aside and the entry of judgment discharging defendant. From the action of the court in that respect the state cannot appeal any more than it could if on the trial of the cause the court had given wr”

   1 later decision quote this exact passage
   e.g. State v. Little River Drainage District

3. ““In construing these sections of the statutes (and where appropriate, the Rule) our courts have consistently held that the only cases in which the State is thus permitted to appeal are those in which the indictment or information has been adjudged insufficient because of defect or insufficiencies in the indictment or information itself; and an appeal is not permitted where an indictment or information has been adjudged insufficient because of matters ‘de-hors the record’ and which do not appear in such indictment or information.” 372 S.W.2d 85 .”

   1 later decision quote this exact passage
   e.g. State v. Little River Drainage District