Frazier v. State’s Empirical Analysis

Citation profile

29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The better practice to be pursued by trial judges undoubtedly is for them to charge upon all offenses embraced in the indictment, because whenever there is any doubt that the defendant had been prejudiced by such omission, it will be error, for which it will be the duty of this court to reverse the judgment and remand the case for a new trial. It is only in cases where it is absolutely certain that the omission was not prejudicial to the defendant, in the trial court, that a charge omitting instructions upon every offense contained in the indictment can be sustained; * * *. 117 Tenn. at 441 , 100 S.W. at 97.”

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

2. “Where a reasonable doubt exists in the mind of the jury as to the guilt of the defendants, or either of them, of any one of the offenses charged, the defendants must have the benefit of that doubt, and they nor either of them should be convicted of any offense of which the jury entertains a reasonable and substantial and well founded doubt. (Emphasis supplied). 117 Tenn. at 453 , 100 S.W. at 100.”

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

3. “the cumulative effect resulting from the reiteration of the same idea by the use of the words and phrases 'well-founded doubt,' 'substantial doubt,' and others of like meaning, is well calculated to fritter away and destroy all benefit to be derived from this important rule of law.”

   1 later decision quote this exact passage · from the majority
   e.g. Butler v. South Carolina