United States v. Bell’s Empirical Analysis

Citation profile

7 federal appellate · 3 district · 1 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * I have already mentioned that it could hardly have been expected that this defendant, when confronted with an investigation concerning the making of his notarial certificate, should admit that it was false. He might be expected to swear that it was true until at least, as on this trial, its falsity was put beyond all question, for that would be the human tendency of one capable of making a false certificate in the beginning. The examiners probably already knew that it was false, though it does not appear in the evidence here, except by inference, that they had then found out that Hattie Woods was in Missouri, and not in ■ Dorsey’s office, when the certificate was made. Why were they not then contented to prosecute on that conclusive evidence, as they must have been under Rev.St. § 860, if that applies, since they knew that nothing the defendant would say upon this examination could be used against him for any offense previously committed in respect of his false certificate? Of what value was this examination in view of that section, and to what pending issue did it appertain, or to what was it pertinent? Bell might be used as a witness against Dorsey, no doubt; but he was asked nothing about Dorsey’s wrongdoing in the premises, and the examination was confined to Bell’s own conduct. His counsel has argued that this shows that the only purpose of this inquisitorial proceeding- was to lay the foundation for this indictment for perjury. The examiner denies this, and it i”

   1 later decision quote this exact passage
   e.g. United States v. Parker

2. ““Constitutional provisions for the security of person, and property should be liberally construed. A close and literal construction deprives thorn of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to bo watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon. Their motto should be, ‘Obsta principiis.’ ””

   1 later decision quote this exact passage
   e.g. Hammond Lumber Co. v. Sailors' Union of Pacific

3. ““ ‘Discovery or evidence obtained from a party or witness by means of a‘ judicial proceeding’ includes only facts or papers which the party or witness, is compelled by subpoena, interrogatory, or other judicial process to disclose, whether he will or no; and is inapplicable to testimony voluntarily given, or to documents voluntarily produced.””

   1 later decision quote this exact passage
   e.g. Hammond Lumber Co. v. Sailors' Union of Pacific