United States v. Cook’s Empirical Analysis

Citation profile

187 federal appellate · 73 district · 133 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 539 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * if fkg language of the section defining the offense is so entirely separable from the; exception that the ingredients constituting the offense may be accurately and clearly defined without any reference to the exception, the pleader may safely omit any such reference, as the matter contained in the exception is matter of defense and must be shown by the accused.””

   18 later decisions quote this exact passage · from the majority
   e.g. United States v. Stone · United States v. Wood

2. “[W]here a statute defining an offense contains an exception in its enacting clause, which is so incorporated with the language defining the offense that the ingredients of the offense cannot be accurately and clearly described if the exception is omitted, an indictment founded upon the statute must allege enough to show that the accused is not within the exception....”

   2 later decisions quote this exact passage
   e.g. 2 Okla. Crim. 286 - Smythe v. State · United States v. Oettinger

3. “a matter of defence and must be pleaded or given in evidence by the accused.”

   2 later decisions quote this exact passage · from the majority
   e.g. Musacchio v. United States · 136 S. Ct. 709 - Musacchio v. United States