Arnold v. State’s Empirical Analysis

Citation profile

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

1. “The punishment for larceny of a hog is fixed by statute at `not less than two nor more than four years.' Code §§ 26-2611, 26-2609. Code § 59-805 provides that, at the trial of every offense which may subject the defendant to `death or imprisonment in the penitentiary for not less than four years,' the defendant may peremptorily challenge twenty jurors from those impaneled to try him. The term `not less than' four years in Code § 59-805 includes the amount of exactly four years. (Citations omitted.) Further, the term 'not more than four years' in Code § 26-2609 means `not exceeding four years,' and includes the amount of exactly four years. (Citations omitted.) On the trial of each of these cases a punishment of exactly four years might have been inflicted, and as such sentence is included within the terms of Code § 59-805, supra, the trial court erred in allowing the defendants no more than 12 peremptory challenges.”

   1 later decision quote this exact passage
   e.g. 133 Ga. App. 420 - Lowe v. State