Hunter v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Allegations of prior convictions in information place reputation of defendant in issue at commencement of trial and is violation of rule that defendant’s reputation may not be placed in issue until such time as it is raised by defendant himself.” “Under second and subsequent offense statute, information should be divided into two parts: In the first, which should be upon first page and signed by prosecuting officer, particular offense with which accused is charged should be set forth; and in second, which should be upon second page, separable from first page and signed by prosecuting officer, former conviction should be alleged.” 21 O.S.A. § 51. “Under second and subsequent offense statute, entire information should be read to accused and his plea taken in absence of jurors, and, after jury has been im-panelled and sworn, that part of the information which sets forth crime for which accused is to be tried should be read to jury, and trial should then proceed as if there were no allegations of former convictions.” 21 O.S.A. § 51. “Under second and subsequent offense statute, jury should be charged with sole responsibility of reaching verdict as to guilt or innocence of defendant upon charge for which he is being tried, and if jury returns verdict of guilty, evidence should then be presented to prove second portion of information as to prior convictions, and jury should then retire to assess punishment within limits prescribed by statute for primary offense, and, if they find ”

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

2. ““Habitual criminal statute, Title 21 O.S. A., §§51 and 52, is a valid, existing penal provision and does not conflict in any way with the constitutional guaranties possessed by the accused.””

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

3. “* * * the matter of defining crimes and fixing degrees of punishment is one of legislative power.”

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