Smith v. Commonwealth’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts established by the special verdict clearly justified the judgment that was pronounced thereon. This is so conclusively shown in the opinion of the learned judge before whom the case was tried that nothing more need be said on that subject. The act of discharging the pistol, under the circumstances found by the jury, was undoubtedly unlawful and well calculated to inflict serious personal injury. It was recklessly and wilfully done, without the slightest justification or excuse. Prom such facts as these the law will imply malice. “In a case somewhat analogous in principle to the one before us, it was said in reference to the prisoner: ‘He acted unlawfully and maliciously; not that he had any personal malice against the individuals injured, but in the sense of doing an unlawful act calculated to injure, and by which others were in fact injured. Just as in the case of a man who fires a gun among a crowd, it is murder if one of the crowd be thereby killed:’ Queen v. Martin, Law Rep., 8 Q. B. Div. 54.” See, also, Com. v. Gayton, 69 Pa. Superior Ct. 513 ; Com. v. Micuso, 273 Pa. 474 .”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Mamula