United States v. Cuddy’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““The averments in a case of this character are, as said by Mr. Bishop, necessarily of two classes — those which disclose a foundation for the commission of the offense commonly called inducement, and those which charge the offense itself. The latter, being that whereof the defendant is accused, must be direct and specific; but the former may be charged in general terms. 2 Bish. Crim. Proe. § 901 et seq. But, while the matter of inducement may be generally stated, the allegations respecting it must be sufficient to show that the oath was taken before a competent tribunal, officer, or person, and in a case in which the laws of the United States authorize the oath to he taken. Where, as in the present ease, the false swearing is alleged to have been committed in a matter or proeéeding in open court, the allegations must be sufficient to show that the matter or proceeding was one in which the court was competent to act. To hold otherwise would be to hold that false swearing, in a matter or proceeding of which the court had no jurisdiction, constitutes perjury, which cannot be affirmed. 2 Bish. Crim. Law, § 1020; 2 Whart. Crim. Law, § 1288 et seq; 2 Bish. Crim. Proc. §§ 905; 910, and numerous cases cited in the note to the case of State v. Shupe [ 16 Iowa, 36 ] 85 Am. Dee. 485,””

   1 later decision quote this exact passage
   e.g. Danaher v. United States