State v. Leek’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This court has repeatedly held that an accused may not be tried in the district court upon an information unless he has either had a preliminary examination, or, with the consent of the state, has waived a preliminary examination of the offense charged, if the objection be timely raised. State v. Hale, 71 Utah 134 , 263 P. 86 , and cases there cited. * * * “In the instant case, forgery was charged in the complaint, forgery was charged in the information, and it was forgery of which the defendant was found guilty. No complaint can be made upon the ground of difference of offense charged. While the statute, 105-11-1, R. S. Utah 1933, does require the complaint to state ‘the person against whom or against whose property the offense was committed, if known,’ there is no requirement that the complaint shall state that the name of the person against whom or the description of the property shall be inserted. The fact that the ‘Army and Navy Store’ was named as the person against whom or against whose property the offense was committed does not destroy the efficacy of the complaint as regards stating a public offense. No one was misled by the allegation and, when the amendment was made, had it been made to appear to the satisfaction of the court, and made a part of the record, and had the defendant so shown cause or reason why he was prejudiced or should not proceed with the trial the court would have given the accused such reasonable time as might have been necessary to meet any ne”

   1 later decision quote this exact passage
   e.g. State v. Pettit

2. ““We thus start out with the proposition that under our procedure a criminal prosecution must be initiated by filing’ a complaint in writing which must be verified by the complainant; that such complaint, among other things, must state * * * the person against whom or against whose property the offense was committed, and a general description of the property if property is the subject of the offense.””

   1 later decision quote this exact passage
   e.g. State v. Wilson

3. ““An erroneous allegation as to the person injured or intended to be injured shall not he material.””

   1 later decision quote this exact passage
   e.g. State v. Prettyman