71 Okla. Crim. 213 - State v. Gragg’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where one is charged with the unlawful possession of intoxicating liquor, it is not necessary for the State to produce the identical liquor as alleged in the information, before a conviction may be had for the unlawful possession. This is a question of fact to be decided by the court or jury.””

   2 later decisions quote this exact passage
   e.g. 91 Okla. Crim. 433 - Byrd v. State · 96 Okla. Crim. 49 - Bryson v. State

2. ““ * * * the defendant was charged in a court of competent jurisdiction by an information sufficient to sustain a conviction. The court was not called upon to quash or set aside the information, but after the State had introduced its testimony and rested, a demurrer was interposed by the defendant and this demurrer was sustained by the court, and the defendant discharged and his bondsmen exonerated. It is true that after this order was made, that it was further ordered: ‘That said defendant, Cecil Gragg, be not discharged pending the appeal and determination of this cause by the Criminal Court of Appeals of the State of Oklahoma, but that he be enlarged and placed at liberty upon his own recognizance during the pendency of said appeal.’ “This was evidently an attempt to comply with sections 2952, 2953 and 2954, Oklahoma Statutes 1931, Oklahoma Statutes Annotated, title 22, sections 508, 509, and 510. But these statutes apply only where a demurrer to the indictment or information has been sustained. They do not apply where a defendant was charged in a court of competent jurisdiction by a valid information and a jury has been empaneled and sworn to try the case, or the defendant has waived a jury and agreed to try the same before the court, and after the State had introduced its evidence and rested, and a demurrer was sustained to the evidence and the defendant discharged, and his bondsmen exonerated.””

   1 later decision quote this exact passage
   e.g. 90 Okla. Crim. 35 - State v. Stout

3. ““Appeals to the Criminal Court of Appeals may be taken by the State in the following cases and no other: “1. Upon judgment for the defendant on quashing or setting aside an indictment or information. “2. Upon an order of the court arresting the judgment. “3. Upon a question reserved by the State.” 22 O. S.1941 § 1053.”

   1 later decision quote this exact passage
   e.g. 85 Okla. Crim. 153 - State v. Humphrey