State v. Stoner’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The question simply is whether a “safe” encompasses a coin receptacle in a pay telephone so that appellant’s conviction of possessing tools and implements for the purpose of breaking into the receptacle may stand. Webster’s Third New International Dictionary defines “safe” as “1: a place or receptacle to keep articles safe: as * * * b: a metal box or chest sometimes built into a wall or vault to protect money or other valuables against fire or burglary.” Black’s Law Dictionary, Revised Fourth Edition, defines “safe” as “a metal receptacle for the preservation of valuables.” The above-related evidence clearly shows that the telephone company’s pay telephone was designed so that coins deposited in it and falling into the coin box were protected against break-in by two locks and a double-headed nail. The purpose of the design was to protect the valuables, i.e., the coins, belonging to the company. The coin box is constructed of heavy metal albeit not as thick as Mr. Peterson described the Diebold Company safes to be. There can be no doubt that the metal coin box is a “safe” within the statute, and this accords with the statement in 33 A.L.R.3d 798 , 846, “The courts have tended to take an expansive view of the types of depositories included within the ambit of the respective statutes relating to burglars’ tools.””

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

2. “Any person who makes, mends, designs or sets up, or who has in his custody or concealed about his person any tool, false key, lock, pick, bit, nippers, fuse, force screw, punch, drill, jimmy, bit, or any material implement, instrument, or other mechanical device whatsoever, adapted, designed, or commonly used for breaking into any vault, safe, railroad car, boat, vessel, warehouse, store, shop, office, dwelling house, or door, shutter or window of a building of any kind, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than two years, nor more than ten years.”

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