Winslow v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"If, in a prosecution for the sale of intoxicating liquor in a county which had voted against such sale, the state was confined to proof of the particular sale alleged upon the date alleged, there would be no need of a bill of particulars; but where one date is alleged and another within two years prior may be proved to sustain the charge, there can be no doubt that the defendánt is put to a disadvantage which may amount to a denial of justice. If he is innocent it is impossible for him to prepare his "case; he must simply wait until he hears the witness for the state, and then content himself with a denial. If by some chance a witness is at hand to prove that the state witness was in error as to the particular transaction, the state may call upon the same witness, or another, to testify as to a transaction upon another date, at a different place and with another person. The ease with which such evidence can be procured, the difficulty of proving the perjury when committed, the facility with which this method of revenge may be utilized by wickedly disposed persons to subject an enemy to trouble, expense, and disgrace, or by unscrupulous persons as a means of livelihood, seems to us to imperatively demand the granting of a motion for a bill of particulars when seasonably made, to the end that the defendant may be fully advised of the nature and cause of the accusation against him; that he may have an opportunity to prepare his defense; and that the machinery of the courts may ”

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

2. ““The appellant contended that he was helpless in defending the charge during this period as he was without knowledge as to the time or place relied upon by the prosecution and it was impossible for him to defend the twenty day period without a bill of particulars. There can be no doubt that the appellant was placed at a disadvantage in simply waiting to hear the witness for the prosecution testify and thereafter during the progress of the trial prepare his defense.””

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

3. ““The granting of a bill of particulars in a criminal case is not founded upon a legal right but is a matter resting within the sound discretion, depending entirely upon the nature and circumstances of each particular cáse, of the trial court.””

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