Commonwealth v. Bartilson’s Empirical Analysis
1877
Citation profile
2 federal appellate · 4 district · 44 state decisions
How this case has been cited
Cited by 52 later decisions — most recently March 1980 · most notably McNair's Petition (1936), Commonwealth v. Thomas (1963)
2 federal appellate · 4 district · 44 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
Relies on 3 Wheel. Cr. Cas. 293 - Commonwealth v. Judd · Commonwealth v. Warren
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It: is strongly urged, however, that inasmuch as it was averred in said count that the defendants had, in ‘pursuance and renewal of said conspiracy,’ committed divers overt acts specifically described in said count, tbe date Bf one of wliiett at least was within the statutory period, there was a continuance and a renewal of the conspiracy from time to- time, and the statute was-thereby tolled. This is plausible but unsound. The offense charged was the-conspiracy. According to all the authorities, the conspiring is the.essence of the charge, and if that be proved the defendants may be convicted. ⅜ ⅜ * According to the first count, the offense was complete on the 20th of December, 1874. The overt acts set forth do not constitute the offense. They are the evidence of it, and are sometimes said to be the aggravation of it. An overt act may or may not be unlawful, per se. It is because of its relation to an unlawful combination that it becomes obnoxious to the criminal law. ⅜ ⅞ ⅜ The commonwealth must allege and prove a conspiracy within two years. If this cannot be done, the commonwealth has no ease. The pleader evidently felt the strain of this part of his case when he introduced the averment that the overt acts were in ‘renewal’ of the original conspiracy. It was practically laying an offense with a continuando. It was an attempt to prove the existence of a crime within the statutory period, by showing its commission outside of such period, and that it had been continued down ”
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.