Apgar v. Woolston’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 18 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this state the prosecution of all indictments, for whatever grade of crime, devolves on the public prosecutor, and the distinction between felonies and misdemeanors has, in that respect, been abolished. Under the control the courts of this state have always exercised over criminal prosecutions, the court, without doubt, has the power, in case the indictment has not been prosecuted with due diligence, in its discretion, to fix a day for trial and order a jury to be called and sworn, and to direct an acquittal for want of evidence if the prosecutor does not appear and proceed to the trial. If after a discharge under the statute the indictment remains in force, there need be no difficulty in procuring the attendance of the defendant for trial. The defendant may be brought in by process; but, having been once discharged from attendance upon the court, process ought not to be issued against him without a special order of the court.”

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

2. “If the court had jurisdiction, and the process was regular, trespass [for false imprisonment] will not lie, however malicious the conduct of the defendant may have been in setting the prosecution on foot; and the only sustainable action, under such circumstances, is case for the malicious motive and want of probable cause in promoting the prosecution.”

   1 later decision quote this exact passage · from the majority
   e.g. 104 N.J. Super. 550 - DiGiovanni v. Pessel

3. “The grand jury is not the proper tribunal to try the issues involved in the civil suit, and the issue [raised] by it in refusing to find a bill is not the real issue . . . presented in the civil action. . . . The general rule is that the record in a criminal proceeding is inadmissible in evidence in a civil suit.”

   1 later decision quote this exact passage · from the majority
   e.g. George H. Galbraith and Rose T. Galbraith, His Wife v. Hartford Fire Insurance Company