Powers v. State’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that the general rule is that the trial judge must charge upon every offense embraced within the indictment; but there is another rule to the effect that there will be no reversal for his failure to do so, when this court can see that the prisoner suffered no injury by reason of such omission. Good v. State, 1 Lea 293 [ 69 Tenn. 293 ]; State v. Hargrove, 13 Lea 178 , 184 [ 81 Tenn. 178 ]; State v. Parker, 13 Lea 221 [ 81 Tenn. 221 ]; Tarvers v. State [ 90 Tenn. 485 ], 16 S. W. 1041 .””

   1 later decision quote this exact passage · from the majority
   e.g. Rushing v. State

2. “‘ ‘ The trial judge in a criminal case should not state to the jury any fact as one proven, but should leave all of the facts to the jury. However, the facts stated were not controverted in the record, and we can see that no injury was done by the statement made, and for this reason the error was not reversible.””

   1 later decision quote this exact passage · from the majority
   e.g. Hooper v. State

3. “"`Dying declarations made by the deceased in this case have the same weight and sanctity as evidence testified to under oath.'"”

   1 later decision quote this exact passage · from the majority
   e.g. Crawford v. State