McBrayer v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Id. at 647 . The court reviewed the statutory scheme established according to the statutory rape and child fondling statutes and held that: sexual intercourse with a child under the age of 14, not of a previously chaste character, is no crime, while the foreplay leading to that intercourse can lead to a ten year prison term. We will not impute to the Legislature the intention to achieve such illogical and arbitrary results absent a more express declaration than we have been given. Id. at 648 . The court concluded that the statutory rape statute controlled and, since the minor was not of”

   2 later decisions quote this exact passage
   e.g. 537 So. 2d 411 - Hailey v. State · 856 So. 2d 654 - Friley v. State

2. “seduction of a child under the age of 18, provided the child is `of previously chaste character.'”

   2 later decisions quote this exact passage
   e.g. 537 So. 2d 411 - Hailey v. State · 856 So. 2d 654 - Friley v. State

3. “Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of fourteen (14) years, with or without the child's consent, shall be guilty of a high crime and, upon conviction thereof, shall be fined in a sum not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or be imprisoned in the State Penitentiary not less than one (1) year nor more than ten (10) years, or be punished by both such fine and imprisonment, at the discretion of the court.”

   1 later decision quote this exact passage · from the dissent
   e.g. 537 So. 2d 411 - Hailey v. State