Horn v. State’s Empirical Analysis

Citation profile

47 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not necessary that other facts or circumstances surrounding such testimony as has been given on behalf of the State should be established beyond a reasonable doubt. Some of such facts or circumstances may be established by a preponderance of evidence or may not be established. It is not meant that it is incumbent upon the prosecution to establish every fact surrounding such testimony, as given, beyond a reasonable doubt.””

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

2. ““And evidence of mere threats against the life of the deceased, without more, is not generally held to be competent, for the reason that it has no legal tendency to establish the innocence of the defendant on trial.””

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

3. “to entitle such a matter as improper remarks of counsel to consideration in an appellate court, the record must show that proper objection thereto was made at the time, and overruled * * *.”

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