People v. Swenson’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Again: The words charging the intent, taken in connection with the language which immediately precedes and follows them, and with the general nomination of the crime, ‘an assault with intent to commit murder’ — a crime which can exist only where the intent is to murder the person alleged to have been assaulted —sufficiently show an attempt to allege the appropriate intent. They cannot be excluded as meaning nothing, but must be considered, at most, as a defective allegation. It is only when a quality material and necessary to the constitution of a crime, is altogether omitted, and not where such quality is imperfectly described, that a judgment will be set aside as not sustained by the indictment, and entered without authority of law; unless it be a case where the Court has no Jurisdiction to enter the judgment at all.””

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