Eatherly v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is next insisted that a rehearing should be granted because the court, in its former examination of the case, had declined to consider certain affidavits of the jurors and the officers in charge of the jury, offered in the trial court on the motion for a new trial; this court having declined to consider these affidavits because the record failed to state affirmatively that they constituted all the evidence heard and considered by thé trial judge • iii his action on the motion for a new trial. . . . That a trial judge will not be put in error upon any ruling or judgment entered upon any question of fact, where the record fails to state affirmatively that it contains all the evidence heard by the court on that question, has been the settled rule of practice in this court for so long a period of time, and has become so thoroughly ingrafted upon the jurisprudence of the state as that it is ho longer an open question. ... “It must affirmatively appear that it is complete in all its parts before consideration will be accorded. Counsel representing the petitioner seem to feel that the rule is new, and has never been announced in any reported case; but such is not the fact. In the case of Ransom v. State, 116 Tenn. 355 , 96 S. W. 953 , it is said: ‘The established rule of practice requires that it shall affirmatively appear from the bill of exceptions that it contains all the evidence heard by the trial judge on any plea or motion presenting disputed or controverted facts.’ ””

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