State v. White’s Empirical Analysis

Citation profile

6 federal appellate · 19 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily former jeopardy must be pleaded in bar of further prosecution, and such plea must be interposed upon arraignment before pleading to the merits. If, however, upon a second trial of the same action, it be claimed the accused was put in jeopardy by the first proceeding, and the record itself discloses all the facts, they need not be pleaded anew, nor proved aliunde. Upon the question of former jeopardy being raised, the court will take cognizance of such facts from the record, and determine their proper legal effect as if upon demurrer to a plea reciting them. In some states a plea must always be filed. This rule, however, involves the criminal procedure in numerous technicalities which seem to place more stress upon form than upon substance. In other states special statutory regulations are controlling. The right to be protected is created by the Constitution, and should not be hedged about b)' artificial restrictions. 'The rule announced above is consonant with the general provisions of the Code of Criminal Procedure of this state, and meets all the requirements of substantial justice as between the. state and the accused. It is likewise supported by authority. “ 'The purpose oí a plea is to tender an issue upon some fact not already in the case, that proof may be taken in respect to it if the issue is accepted. If the fact is already in the case, the plea is idle; and it becomes an absurdity when the fact is not only established by the record of the court in the v”

   1 later decision quote this exact passage · from the majority
   e.g. 11 Okla. Crim. 523 - Jackson v. State

2. ““Failing to interpose an objection to entering upon a second trial, he must be held to have waived the right to do so and must abide the result that he invited. (The State v. Durein, 70 Kan. 1 , 78 Pac. 152 .) “ ‘To allow a defendant, as was done in this case, to sit idly by during the progress of his trial, and then upon conviction set up, upon motion in arrest of judgment, or for a new trial, a special defense that he could have raised at the very inception of the trial, would be to sanction a practice which might well be termed trifling with the court.’ (People v. Bennett, 114 Cal. 56, 58 , 45 Pac. 1013 .)” (p. 360.)”

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