State v. Marion’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute provides that ‘the court must reduce the charge to be given to the jury to writing, and at the conclusion of the evidence he shall read his written charge to the jury.’ Rem. & Bal. Code, § 339, subd. 4. Appellant contends that the language of the court above quoted is a violation of this statutory provision. It is not claimed that the instructions upon the principles of law involved in the case were not given in writing. It is manifest that the court was not giving an instruction to the jury upon the principles of law, but was explaining orally what he had read. The explanation was in the interest of the accused. ‘Only when the statements of the court amount to a positive direction as to the law of the case will such statements- be regarded as an insti'uction within the meaning of the statute requiring instructions of the court to the jury to be in writing.’ Boggs v. United States, 10 Okl. 424 , 63 Pac. 969 , 65 Pac. 927 .””

   1 later decision quote this exact passage
   e.g. Raynor v. Tacoma Railway & Power Co.

2. ““Every person who shall ask or receive any compensation, gratuity or reward, or any promise thereof, upon the representation that he can, directly or indirectly, or in consideration that he shall, or shall attempt to, directly or indirectly, influence any public officer whether executive, administrative, judicial or legislative, to refuse, neglect, or defer the performance of any official duty. . . ., shall be guilty of a gross misdemeanor, . . . ””

   1 later decision quote this exact passage
   e.g. 2 Wash. 2d 1 - State v. Sullivan