Franklin v. Biddle’s Empirical Analysis

Citation profile

17 federal appellate · 1 district · 2 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) The question in this case, however, is not the sufficiency of the indictment against Mr. Franklin against a' direct attack by demurrer or motion in the trial court; it is its sufficiency to invoke the exercise of the jurisdiction of the court in California which tried him to decide, if it had been requested by the defendant in the proper time so to do, whether or not that indictment was sufficient to require him to stand trial thereunder. And the test of jurisdiction is not right decision but the right to enter upon the inquiry and make some decision. * * * ****** “(4, 5) * * * If any error was committed relevant to this fact at • the trial in the court in California, that error cannot be reviewed in this proceeding. A writ of habeas corpus cannot be made to perform the office of a writ of error. It is available only to relieve a prisoner from the restraint imposed by a judgment or order that is absolutely void on the ground that the court was without jurisdiction to render it. In re Debs, 158 U.S. 564, 600 , 15 S.Ct. 900 , 39 L.Ed. 1092 ; In re Nevitt, 8 Cir., 117 F. 448, 449 , 54 C.C. A. 622.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Walker