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← 70 Vt. 574 - State v. Bevins

State v. Bevins’s Empirical Analysis

1898

Citation profile

16
cited by 16 later decisions
7
states following
June 2019
most recently cited

1 federal appellate · 13 state decisions

How this case has been cited

Cited by 16 later decisions — most recently June 2019

1 federal appellate · 13 state decisions

501898190019101920193019401950196019701980199020002010decided

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 United States v. Cook · State v. Abbey · State v. Harrington · State v. Freeman · State v. Norton

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

  1. ““Commentators and judges have sometimes been led into error by supposing that the words ‘enacting clause,’ as frequently employed, mean the section of the statute defining the offense, as contradistinguished from a subsequent section in the same statute, which is a misapprehension in the term, as the only real question in the case is whether the exception is so incorporated with the substance of the clause defining the offense as to constitute a material part of the description of the acts, omission, or other ingredients which constitute the offense. Such an offense must be accurately and clearly described, and, if the exception is so incorporated with the clause describing the offense that it becomes in fact a part of the description, then it cannot be omitted in the pleading, but, if it is not so incorporated with the clause defining the offense as to become a material part of the definition of the offense, then it is matter of defense and must be shown by the other party, though it be in the same section or even in the succeeding sentence.””
    1 later decision quote this exact passage
  2. ““Whether the exception is in the first section of the statute which enacts the offense, or in a subsequent section, or in an independent statute, is not determinative of the question, for some of our eases hold that the exception need not be negatived when it is in the section of the statute which creates the offense.””
    1 later decision quote this exact passage
  3. ““The term ‘enacting clause’ should be construed to mean all parts of the statutes which create and define the offense, whether in one or more sections or acts.””
    1 later decision quote this exact passage

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.