Thompson v. State’s Empirical Analysis

Citation profile

14 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. ““A statute of limitations is never part of an offense, but always a matter of defense; nor is any allusion to time contained in our statutes relative to grand larceny. It will be time enough, therefore, for the district attorney to plead the exceptions to the statute when the statute itself has been pleaded by the accused. No sound rule of pleading can require him, in preferring the indictment, to anticipate the defense, and negative it by setting forth the facts which render it unavailing. If the accused pleads the statute specially, the representative of the state, by a replication, will plead the exceptional facts which deprive the defendant of its protection ; or if the defendant, under the plea of not guilty, invokes the protection of the statute by proof, and by instructions asked, the district attorney will in the same manner claim the benefit of the exception. Such a mode of procedure is simple, free from all difficulties, and can work no harm to the accused.””

   2 later decisions quote this exact passage · from the majority
   e.g. Packer v. People · 607 So. 2d 1153 - Conerly v. State

2. “(I)n civil suits ... the Statute of Limitations must be pleaded; and, if not specially pleaded, it is held to be waived.”

   1 later decision quote this exact passage · from the majority
   e.g. 607 So. 2d 1153 - Conerly v. State