State v. Elam’s Empirical Analysis

Citation profile

2 district · 32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. is a judicial tribunal with inquisitorial powers, and, unless there is some clear statutory authority to do so, we think the courts are without power to review its action to determine whether or not it had sufficient or insufficient, legal or illegal, competent or incompetent evidence upon which to return an indictment. . .We think the statutes referred to, governing the kind, character, and degree of evidence which should be produced before a grand jury in order to warrant the returning of an indictment, are directory and are for the guidance of the grand jury. . . [W]e think the findings of such grand jury, when made by and through an indictment, duly returned into court, and regular upon its face, are, with respect to the kind and degree of evidence upon which it was returned, conclusive, and that the courts are without power or jurisdiction to inquire into the subject and review the testimony submitted to the grand jury to determine whether or not the required kind or degree of evidence was submitted.”

   2 later decisions quote this exact passage
   e.g. State v. McGill · State v. Stevens

2. “* * * [M]ere possession of recently stolen property is not sufficient in and of itself to warrant the conviction of a defendant on a charge of having stolen property in his possession, but that such possession, if not satisfactorily explained, is a circumstance to be taken into consideration with all of the other facts and circumstances in the case in determining the guilt or innocence of the defendant. * * * [Emphasis added]. State v. Follis, 67 N.M. 222, 223 , 354 P.2d 521 (1960). This has been interpreted to mean that “Possession of the stolen property is a circumstance to be considered in determining whether the offense has been committed.” State v. Sero, 82 N.M. 17, 19 , 474 P.2d 503, 505 (Ct.App.1970).”

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

3. “Receiving stolen property means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.”

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