Booth v. United States’s Empirical Analysis

Citation profile

11 federal appellate · 1 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * In the instruction complained of, the trial court advised the jury as to the disposition of the case as to certain defendants who had entered pleas of guilty, and as to the sustaining demurrers and motions for directed verdicts as to other defendants. No objections or exceptions were interposed to this instruction. It is the duty of a defendant to take his exceptions to the charge of the court in the presence of the jury before it retires to consider the verdict. * * * “There is some qualification of this general rule where prejudicial error is obvious in a criminal case, and a failure to consider such error would result in a miscarriage of justice. An appellate court should of its own motion recognize and consider such errors. The reason for this qualification of the general rule is that it is the duty of the courts to give protection against unlawful deprivation of liberty. * * ””

   1 later decision quote this exact passage · from the majority
   e.g. 285 F. Supp. 765 - United States Ex Rel. Huntt v. Russell