9 Md. App. 360 - Marston v. State’s Empirical Analysis
1970
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2008
12 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 Gray v. State · 2 Md. App. 356 - Jones v. State · Schwabacher v. People · 3 Md. App. 325 - Hannah v. State · 4 Md. App. 186 - Poff v. State
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The building is not a dwelling as defined in Poff v. State, [ 4 Md.App. at 189 , 241 A.2d 898 ] ... The record reveals no express intention by the owner to rent the building as a dwelling in the future. However, even if there were some intent by the owner to rent the building as a dwelling, this intent would not make it a dwelling on the night of the breaking since in Poff, supra, it was clarified that a building devoid of occupants between rentings is not a dwelling, but simply a place in which furniture is stored pending rental by a new tenant.”
1 later decision quote this exact passage · from the majority“The test for determining if [a] building is a “dwelling house” is whether “it is used regularly as a place to sleept,]” ... [However,] “the mere fact that a house was built for the purpose of serving as a place of human habitation, and that it is entirely suitable therefor, will not be sufficient to qualify it as a dwelling so far as the law is concerned. It is not such before the first dweller has moved in nor after the last dweller has moved out with no intention of returning____” [Ibid, (citations omitted) ].”
1 later decision quote this exact passage · from the majoritye.g. State v. Crutcher“To be sure, burglary does not require that the dwelling be occupied by its residents at the time of the breaking; however, the law distinguishes a temporarily unoccupied dwelling house from a building such as [the house at issue in Wallace] which, although at times used as a dwelling, has at the time of the breaking been abandoned by its occupants. “The former is a proper subject of burglary; the latter is not.””
1 later decision quote this exact passage · from the majoritye.g. McKenzie v. State
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.