Nicoli v. Briggs’s Empirical Analysis
83 F.2d 375 · 1936
Citation profile
21 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2013 · most notably United States v. Riccardi (1949), United States of America v. Ricco Devon Prentiss (2001)
21 federal appellate · 4 district · 3 state decisions
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
Applies 26 U.S.C. § 1391
Relies on United States Bilokumsky v. Tod · Ng Fung Ho v. White · Fong Yue Ting v. United States · United States Vajtauer v. Commissioner of Immigration at Port of New York · Union Pacific Railway Co. v. Taggart
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is now the settled rule, as declared by the Supreme Court of the United States, ‘that an indictment or other pleading founded on a general provision defining the elements of an offense, or of a right conferred, need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere, and that it is incumbent on one who relies on such an exception to set it up and establish it.’ ””
2 later decisions quote this exact passage · from the majority““Congress could not well define a dealer in unstamped drugs, for none such was recognized; but Congress has enacted that one sale is a crime, and no reason is suggested why one unauthorized sale of a stamped drug should make the seller a dealer, and yet require two sales of unstamped drug's to accomplish the same purpose.””
1 later decision quote this exact passage · from the majority“that if it is impossible to frame the statutory charge without negativing the exception, then it should be negatived”
1 later decision quote this exact passage · from the majority
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.