State v. Ephraim’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. “We cannot agree with these contentions. The charge against defendant is set forth in the language of the statute applicable to the offense laid in the indictment. [Emphasis added.] [Citation.] We are of the opinion that the charge as specified therein satisfies the constitutional requirements of article I, section 10, of the Constitution of Rhode Island and the provisions of G.L. 1938, chap. 625, 3. All the essential elements of the offense charged appear in the indictment and the venue was properly laid. The fact that the defendant may require further particulars in order to properly prepare a defense does not of itself constitute an insufficiency in the indictment as a matter of law. Such information is available under G.L. 1938, chap. 625, 3, clause 7, by way of a bill of particulars. [Citations.]”

   1 later decision quote this exact passage
   e.g. 250 Cal. App. 2d 861 - Cohen v. Municipal Court

2. “that by reason of the failure of the grand jury to set out the character of the allegedly obscene material, or excusing its failure to do so by setting forth in the indictment that the material was so obscene it would be offensive to the court to place it upon the record, the defendant was deprived of his constitutional right to know the cause of the accusation. He further contends that the indictment failed to notify him of the cause for which he was indicted.”

   1 later decision quote this exact passage
   e.g. 250 Cal. App. 2d 861 - Cohen v. Municipal Court