State v. Bogue’s Empirical Analysis
1893
Citation profile
2 federal appellate · 15 state decisions
How this case has been cited
Cited by 18 later decisions (1 by the Supreme Court) — most recently January 1981
2 federal appellate · 15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Phillips · McCarty v. State · Ogden v. State
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It may be conceded that at common law the acquittal of the principal acquitted the accessory also, -and that the conviction of the principal must precede or accompany that of one charged as an accessory. * * * Section 115 of the Criminal Code provides: ‘Any person who counsels, aids or abets in the commission of any offense, may be charged, tried and convicted in the same manner as if he were principal.’ The evident purpose of the Legislature of our own and other states where similar statutes have been enacted was to do away with those subtle distinctions of the common law between principals in the first and second degree and accessories before the fact, and to permit the trial of participants in the crime, independently of each oilier, so that each should suffer punishment for his own guilt, and without being dependent on the result of the prosecutions against others. Of course, if the crime he committed through the instrumentality of another, the acts of such instrument essential to establish the guilt of the person on trial must be shown. The statute does not in any manner enlarge or diminish the essential elements of criminality. Tt merely does away with a somewhat arbitrary nomenclature which lias come down from English jurisprudence, and has been found to be a serious stumbling block in the administration of criminal justice. We think a guilty accessory may be punished, even though the principal escape.””
1 later decision quote this exact passage · from the majority““We, of course, are not here considering declarations of co-conspirators, or of persons engaged in a common criminal enterprise before or during the perpetration of their crime, but declarations of one of two defendants, jointly charged as principals, made long after the offense, if any, was consummated. We are clearly of the opinion that the testimony was inadmissible.” (p. 85.)”
1 later decision quote this exact passage · from the majoritye.g. State v. Goyens
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.