Wright v. State’s Empirical Analysis

Citation profile

1 district · 38 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The facts in this case show that the prisoner was in custody, awaiting his trial under an indictment for murder, and we are clearly of opinion that although the discharging of the jury by the circuit court was equivalent to a verdict of acquittal, yet as the case was not finally disposed of, and as there was no release of the prisoner by any judgment of the court, he must be regarded as in custody under the indictment. Had there really been a verdict of acquittal rendered by the jury, without farther action by the circuit court, the judge of the court of common pleas could not have discharged him. If he could, at this stage of the case, why not at any other ? Why not even take the case from the hands of the jury in the midst of their investigation ? Such is not the object or true meaning of our act of habeas corpus.””

   1 later decision quote this exact passage
   e.g. Wentworth v. Alexander

2. ““ Sec. 725. Eo court or judge shall enquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following: “ First. Upon process issued by any court or judge of the United States, where the court or judge has exclusive jurisdiction ; oi', “ Second. Upon any process issued on any final judgment of a court of competent jurisdiction ; or, “ Third. For any contempt of any court, officer, or body having authority to commit; but an order of commitment as for a contempt, upon proceedings to force the remedy of a party, is not included in any of the foregoing specifications. “ Fourth. Upon a warrant issued from the circuit court, or court of common pleas, upon an indictment or information.””

   1 later decision quote this exact passage
   e.g. Wentworth v. Alexander

3. ““Whenever a person shall have been given in charge on a legal indictment to a regular jury, and that jury unnecessarily discharged, he has been once put in jeopardy, and the discharge is equivalent to a verdict of acquittal. If .a court has the right, during the trial, capriciously to discharge the jury, and ■continue the cause until the next term, * * * he might at every term impanel, discharge, and continue, and thus rob the prisoner of his liberty by preventing a final investigation. * * * We cannot regard the rule as wise or safe which places arbitrary or unguarded discretion in the hands of any one when it can be reasonably avoided.””

   1 later decision quote this exact passage
   e.g. Ex parte Ulrich