State v. Barton’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All in one count (V.A.M.S. § 560.110) Barton was charged with feloniously breaking into and entering ‘the Arbyrd School’ and stealing $245.50 in cash. In addition to the regular second degree burglary statute, ‘Every person who shall be convicted of breaking and entering any building * * * in which there shall be at the time any * * * goods, wares, merchandise or other valuable thing kept or deposited with the intent to steal * * * shall * * * be adjudged guilty of burglary in the second degree,’ V.A.M.S. § 560.070, there is a misdemeanor statute, ‘Every person who shall wrongfully break into or enter any schoolhouse * * * shall be adjudged guilty of a misdemeanor,’ V.A.M.S. § 560.090, and shall be punished by a jail sentence, or a fine. Since upon its face the information charged that Barton burglarized ‘the Arbyrd School,’ it is his contention that he was guilty of a misdemeanor only, that the felony sentence is void and infringes his constitutional rights. It is only in this regard that Barton claims that he was unfairly deprived of the effective aid of counsel ; that counsel would have known that he was guilty of a misdemeanor only rather than a felony and accordingly would have protected his rights. The difficulty with the appellant’s contention is that he was not charged with the mere misdemeanor of ‘wrongfully’ breaking into a schoolhouse, he was charged with the felony of breaking into a ‘building’ in which ‘other valuable thing(s) (were) kept * * * with intent to st”

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