Gilbert v. Commonwealth’s Empirical Analysis

Citation profile

2 federal appellate · 10 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. ““If the uncontradicted evidence in the case establishes the corpus delicti, the question arises as to the necessity of telling the jnry that it could not convict the aocnsed upon any confessions out of court which he may have made. Under the plain language of the Code and the Patterson and Wiggington cases, the jnry is the sole judge as to whether the defendant should be convicted' on confessions Where the corpus delicti has been proven. It is unlike a case where the conviction is sought upon the testimony of an accomplice alone, because the Code expressly provides that it requires other testimony, tending to show the guilt of tibe accused, in addition to that of an 'accomplice, to authorize a conviction. Under the testimony in this- case, it would have been misleading to- the jury and' prejudicial to the defendant to- have given the instruction in question, because the jury might have inferred that the court was of the opinion that the appellant had made a confession. ’ ’”

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

2. ““A confession of a defendant unless made in open court will not warrant conviction unless accompanied with other proof that such an offense was. committed.””

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