135 Tex. Crim. 28 - Otts v. State’s Empirical Analysis
1938
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 1987
23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 53 Tex. Crim. 349 - Gibson v. State · 52 Tex. Crim. 613 - Combs v. State · Doyle v. State · Stamford Compress Co. v. Farmers' & Merchants' Nat. Bank · 48 Tex. Crim. 207 - Trevenio v. State
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[T]he rule in Robidoux' Case, supra, seems a just and fair one, but should be stated with the qualification now to be indicated. Where the defendant does not testify in the case, and where the State in developing its case in chief introduces in connection with a confession or admission of the defendant an exculpatory statement which if true would entitle him to an acquittal, the jury should be told that he is entitled to a verdict of not guilty unless such exculpatory statement has been disproved or shown to be false by other evidence in the case."”
4 later decisions quote this exact passage · from the majority““The offense charged is the theft of one head of cattle, and punishment fixed at confinement in the penitentiary for two years. “This is a case of circumstantial evidence, and the court so charged the jury. “Mr. Donnell lost a certain animaI, and its hide and head were found hidden under a bridge in Stephens county. The connection of appellant with the theft of said animal was mainly predicated on the fact that the appellant and his brother, Amos Otts, stored with Mr. McElroy at his ice house, in Amos Otts’ name, a hind quarter of a beef. There were some pieces of flesh cut out of this quarter and left on the hide, and, when the hide was fitted to the meat, there appeared pieces of meat that fit the depressions on the hind quarter. “These circumstances were the only proof that served to connect the appellant with this theft, save and except his confession, if such confession does thus connect him. The confession is, in substance, that appellant and his brother were out on a certain road on the night before this meat was stored by them, and they purchased such quarter of beef from a man whose name was unknown to them, and paid him therefor the sum of $4 and took such beef to the ice house and had it stored there. This statement was introduced by the State, and, of course, if the same were true, then the appellant could not have been guilty of stealing the animal from which this hind quarter of beef was taken. The identification of this quarter of beef was very material, and, i”
2 later decisions quote this exact passagee.g. Dean v. State · State v. Langdon“You are further instructed that when the admissions or confessions of a party are introduced into evidence by the State, then the whole of the admissions or confessions are to be taken together and the state is bound by them unless they are shown to be untrue by the evidence; such admissions or confessions are to be taken into consideration by the jury as evidence in connection with other facts and circumstances of the case.”
2 later decisions quote this exact passagee.g. Dunn v. State · Starvaggi v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.