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← 466 S.W.2d 712 - State v. Allison

State v. Allison’s Empirical Analysis

1971

Citation profile

9
cited by 9 later decisions
2
states following
August 1977
most recently cited

3 federal appellate · 6 state decisions

Relationships

Relies on Aguilar v. Texas · Spinelli v. United States · Beck v. State of Ohio · State Ex Rel. McGaughey v. Grayston · State v. Romero

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

  1. ““ * * * Cannabis is by statute declared to be a narcotic drug. Section 195.-010(5-17). Which leaves one question — is marijuana synonymous with cannabis? In State v. Page, Mo., 395 S.W.2d 146, 148 , we said: ‘The proof was that' the substance was marijuana which is known as cannabis * * *.’ In State v. Thompson, Mo., 425 S.W.2d 80, 84 , the botanical classification of cannabis was detailed. However, it is true that we have not been called on to consider if use of the word ‘marijuana’ alone in a search warrant is sufficient; or, in other words, whether or not cannabis and marijuana mean the same drug (plant). Looking, again, to a botanical reference — Vol. 2, New Britton & Brown Illustrated Flora, p. 54 — we find that cannabis is a monotypie genus, i. e., a genus with only one species. Cannabis has the common name of marijuana. Gray’s Manual of Botany, 8th Edition, page 555. Not only are cannabis and marijuana botanically synonymous, but they have been so considered by courts of other states. Davis v. State, Miss., 219 So.2d 678 ; Martinez v. People, 160 Colo. 333 , 417 P.2d 485 ; State v. Romero, 74 N.M. 642 , 397 P.2d 26 ; State v. Economy, 61 Nev. 394 , 130 P.2d 264 ; People v. Savage, 64 Cal.App.2d 314 , 148 P.2d 654 . In Martinez , 417 P.2d l. c. 486, after saying ‘it is not required that courts be more ignorant than mankind in general,’ it was held: ‘Without prolonging this opinion by engaging in an extended battle in semantics, we conclude as a matter of law that mariju”
    2 later decisions quote this exact passage

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.