State v. Saylor’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It requires only a cursory examination of this section to determine that its language clearly relates to the circulation, publication and exhibition of obscene matter. In other words, to the dissemination of obscenity, whether for profit or otherwise. Under the doctrine of noscitur a sociis the phrase, ‘in his possession or under his control,’ must be read in context with the language used in the section as a whole. “In the phrase, ‘knowingly possess,’ as used in criminal statutes, is implicit not only the element of scienter but also the element of mens rea, namely, ‘a guilty or wrongful purpose.’ It is not conceivable to us that a violation of Section 2905.34 is committed the moment an individual discovers that a book, picture or film in his possession is pornographic. He could only be said to violate the law when and if he forms the purpose to use, exhibit or sell it wrongfully, in other words, form the mens rea and acts in furtherance thereof.” (Emphasis added.)”

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