Weaver v. State’s Empirical Analysis
1977
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently February 2018 · most notably Curry v. State (2000), Gollihar v. State (2001)
43 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 Burrell v. State · Ablon v. State · Davis v. State · Cohen v. State · Collins 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ‘Black Hat Bar’ and the ‘Black Hat Saloon’ are not synonyms, for the State of Texas could issue licenses in the same town and county to two different establishments with similar names. Consequently, proof of an offense in one licensed premises would not constitute proof of an offense in the other. Since the State failed to prove that the ‘Black Hat Bar’ was licensed by the State for the sale of alcoholic beverages, and the name of the licensed premises is ‘descriptive of that which was legally essential to charge the offense,’ the proof is insufficient to support the allegations in the indictment.””
2 later decisions quote this exact passagee.g. Huffman v. State · Windham v. State“It is well settled that `[a]llegations not essential to constitute the offense, and which might be entirely omitted without affecting the charge against the defendant, and without detriment to the indictment are treated as mere surplusage, and may be entirely disregarded.' 1 Branch's Ann.P.C., 2d ed., Sec. 517, p. 497 (1956). Stated another way, it may be said that if not descriptive of that which is legally essential to the validity of the indictment, information or complaint, unnecessary words or allegations may be rejected as surplusage."”
1 later decision quote this exact passagee.g. Smallwood v. State“It is well established that where a person, place, or thing necessary to be mentioned in an indictment is described with unnecessary particularity, all circumstances of description must be proven, [citation omitted], and cannot be rejected as surplusage, for they are thus made essential to the identity. [Citation omitted.] Thus, if the pleader makes unnecessary allegations descriptive of the iden tity of the offense charged, it is incumbent upon the State to establish such allegations by evidence. [Citation omitted.]”
1 later decision quote this exact passagee.g. Horne v. State
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.