Commonwealth v. Hammond’s Empirical Analysis

Citation profile

2 district · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 101... describes causing an unlawful explosion that occurs and damages or destroys property or injures a person. It is a completed act. The offense described by § 102, the throwing statute, may not be a completed act. It is possible to offend against the statute by throwing .an explosive device at or near a person or throwing it into property, without having the device explode; or, the device may explode and cause no damage or injury... .Although an explosion may occur in each statute, the throwing offense involves the additional fact or element of throwing, which the malicious explosion statute does not. There is-at least the' Legislature could so conclude-a special element of terror in hurling an explosive at a person or into property. It is quite possible to cause an explosion without throwing the explosive. The act of the [petitioner], therefore, offends against two statutes, even though it arose out of one incident.”

   1 later decision quote this exact passage
   e.g. Hammond v. VERDINI

2. “In connection with the motion for a new trial, there was extensive testimony heard by the [trial] judge from the State trooper from the Fire Marshal’s office, Mark Horgan, and the Woburn police detective, Michael Pandolph, both of 1 whom interviewed Turner during the investigation of the explosion... .No evidence developed that they made any promises of reward to Turner. Nor does Turner’s own affidavit mention a reward for the testimony that he states in the affidavit was false. The judge acted within his discretion in finding that no promise of reward had in fact been made to Turner.”

   1 later decision quote this exact passage
   e.g. Hammond v. VERDINI