7 Smith & H. 366 - Holt v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One accused of crime is in jeopardy when put to trial in a court of competent jurisdiction, upon a valid indictment, before a jury sworn to try the issues and make deliverance. Green v. State, 147 Tenn. 299 , 247 S.W. 84 . Jeopardy signifies the danger of conviction and punishment which the defendant in a criminal prosecution incurs when duly put to trial before a court of competent jurisdiction. 8 R.C.L. p. 133. The rule is designed to protect the individual, obnoxious to the government, from successive harassing prosecutions for a single offense. It might properly be called a rule designed to encourage repose and peace.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sluder

2. ““The Fifth Amendment provides that no ‘person [shall] be subject for the same offense to be twice put in jeopardy of life or limb * * V The principle that this provision does not preclude the Government’s retrying a defendant whose conviction is set aside because of an error in the proceedings leading to con vict'ion is a well-established part of onr constitutional jurisprudence. ””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Austin v. Johnson