Stephens v. State’s Empirical Analysis

Citation profile

2 federal appellate · 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . The expression is a euphemism for the particular acts that constitute the offense of sodomy at common law. Therefore it is necessary to resort to the common law for a definition of the crime and a description of the acts. In its narrower sense sodomy is the carnal copulation between two human beings per anus, or by a human being in any manner with a beast. In its broader sense it is the carnal copulation by human beings with each other against nature or with a beast in which sense it includes all acts of unnatural copulation. Our courts probably accept the broader meaning since they have held that the proscribed acts may be per os as well as per anus. (Citations omitted). 489 S.W.2d at 543 .”

   3 later decisions quote this exact passage
   e.g. Young v. State · Locke v. State

2. ““Since crime against nature means the common law offense of sodomy and the crime is well defined and described at common law, T.C.A. 39-707 is not unconstitutionally vague. There is no danger that some kind of sexual perversion apart from unnatural carnal copulation, unnatural sexual intercourse, could be embraced in the definition and description as plaintiff in error contends.” Stephens v. State, Tehn.Cr.App., 489 S.W. 2d 542 .”

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

3. “Crimes against nature. — Crimes against nature, either with mankind or any beast, are punishable by imprisonment in the penitentiary not less than five (5) years nor more than fifteen (15) years. [Code 1858, § 4843 (deriv. Acts 1829, ch. 23, § 17); Shan., § 6764; Code 1932, § 11184; T.C.A. (orig. ed.), §§ 39-707, 39-3714; Acts 1982 (Adj. S.), ch. 568, § 3.].”

   1 later decision quote this exact passage
   e.g. 362 Pa. Super. 176 - Commonwealth v. Westcott