State v. Hall’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' ‘One who is found in .the possession of stolen property is bound to explain such possession in order to remove the effect of that fact as a circumstance, to be considered with all other evidence, pointing to his guilt, and if he gives a false account of how he acquired that possession or, having reasonable opportunity to show that his possession was honestly acquired, he refuses or fails to do so, such conduct is a circumstance which might, with all other circumstances, be considered in determining whether or not the jury is convinced beyond a reasonable doubt of the defendant’s guilt. “You are further instructed that should you find from the evidence and beyond a reasonable doubt that the defendant and Haskins both broke into the Theurer Store, both removed certain property therefrom, and were then and there jointly engaged in the commission of a felony, then the law permits you to draw the inference, if you so choose, that the possession (thereafter) by either of said defendants of any of the property stolen is the possession of both.””

   2 later decisions quote this exact passage
   e.g. State v. Crowder · 5 Utah 2d 42 - State v. Little

2. “[W]hen an inference of the probability of the ultimate fact must be drawn from facts whose existence is itself based only on an inference or a chain of inferences ... all prior links in the chain of inferences must be shown with the same certainty as is required in criminal cases, in order to support a final inference of the probability of the ultimate fact in issue... . [P]rior inferences must be established to the exclusion of any other reasonable theory rather than merely be a probability, in order that the last inference of the probability of the ultimate fact may be based thereon. This rule is not based on an application of the exact rules of logic, but upon the pragmatic principle that a certain quantum of proof is arbitrarily required when the courts are asked to take away life, liberty or property.”

   1 later decision quote this exact passage
   e.g. Gillmor v. Gillmor

3. “The jury is not concerned with a determination of when the State has made out a prima facie case; its duty is to determine the issue of ultimate guilt. An instruction ... which concerns the evidence necessary to make out a prima facie case for the State would only be confusing and might lead the jury to conclude the State had met its burden of proving ultimate guilt beyond a reasonable doubt by making out a prima facie case.”

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