State v. Jones’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant urges that the elements of the crime of rape, second degree, were not proved. His argument is that the statute provides that second degree rape is committed when (a) there is an act of intercourse with a female not the wife of the perpetrator, (b) when the female is under the age of eighteen, and (c) under circumstances not amounting to rape in the first degree. He points out in first degree rape one of the elements is that the act is committed against the will of the female. Ergo, he says, if the elements of first degree rape are shown, a defendant cannot possibly be convicted of second degree, which precludes ‘circumstances amounting to first degree rape.’ “While ingenious, we cannot agree with defendant’s reasoning. Although the language of the statute is somewhat inept, it is obvious that the legislative intent was that not all of the elements of first degree rape need be present in that described as of the second degree, if the elements necessary i. e., (a) and (b) above, are present. There is no merit to this claim of defendant.””

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