Barker v. State’s Empirical Analysis
1898
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently January 2002
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Smith · Garner v. State · Aszman v. State · Clem v. State · Doyle v. State
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An assault with intent to commit rape, punishable under our laws as a felony, is included in the higher charge of rape, and, independent of any statute, the Circuit Court could, under the former Constitution, punish for the lesser offense when found under the higher charge of rape. The rule under that instrument was that the charge in the indictment determined the jurisdiction of the court. McLean v. State, 23 Fla. 281 , 2 South. Rep. 5 ; Winburn v. State, 28 Fla. 339 , 9 South. Rep. 694 . The section of the Constitution conferring jurisdiction on the Criminal Courts of Record expressly excepts capital cases, and its terms do not expressly, or by necessary implication, deprive the Circuit Courts of the full jurisdiction possessed by them over such cases. The section of the Constitution conferring jurisdiction on the Circuit Court provides that such court shall have exclusive original jurisdiction of certain civil causes and ‘of criminal cases not cognizable by inferior courts; and original jurisdiction of actions of forcible entry and unlawful detainer, and of such other matters as the Legislature may provide.’ Section 2921, Revised Statutes, enacts that “whenever any person indicted for a felony shall on trial be acquitted by a verdict of part of'the crime charged, and convicted on the residue thereof, such verdict may be received and recorded by the court, and thereupon any person charged shall be adjudged guilty of the crime, if any, which shall appear to the court to be ”
1 later decision quote this exact passagee.g. Kite v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.