State v. Drake’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If you do not find and believe from the evidence beyond a reasonable doubt each and all of the following: “First, that on May 30,1974, defendant did wilfully, unlawfully, feloniously, acting with another, and burglariously, fore- ibly break and enter a dwelling house located at 2017 Bredell, Maplewood, Missouri, the property of Kevin Smith, and “Second, that on May 30, 1974, defendant did have the felonious and burglarious intent to steal, take and carry away certain goods, wares, merchandise or personal property of Kevin Smith, then and there kept or deposited at 2017 Bredell, “then you must find the defendant not guilty of burglary second degree.””

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

2. ““The charge was not materially changed against defendant. The amendment was not an abuse of discretion, since the defendant was not precluded from asserting any defense he may have had prior to the amendment nor was there any prejudice of his substantial rights of prejudicial surprise.””

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