4 Smith & H. 124 - Bowmer v. State’s Empirical Analysis

Citation profile

5 federal appellate · 23 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The offense disclosed by the proof and found and reported by the jury was an attempt, and was punishable by confinement in the penitentiary not exceeding 5 years. The verdict and judgment thereon assessing 10 years’ imprisonment in the penitentiary was not authorized by the statute, and, because the trial judge, by the instruction given, caused the jury to assess punishment not authorized by the statute, the judgment must be reversed, and the cause remanded.””

   1 later decision quote this exact passage · from the majority
   e.g. Judkins v. State

2. ““We have no statute that authorizes imprisonment of ten years for ‘attempt to commit rape.’ For the felony of attempt to commit rape, or any other felony, the punishment is prescribed by section 6471 of Shannon’s Code (39-603 T.C.A.), at confinement in the penitentiary not less than one, nor more than five years.””

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. State