141 Tex. Crim. 297 - Willis v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the statute, which has been held mandatory [citations omitted], appellant had the right to insist upon Wilson [his co-defendant] being tried first, he making the proper affidavit for that purpose. It was no response to his motion that Wilson would be placed on the stand as a witness. He had a right to have Wilson tried first, and, if acquitted, he might use him as a witness, unburdened by the pending prosecution against him,—a right for him to testify as any other citizen, free from the particular charge, he being acquitted thereof, and not testify under a cloud, and perhaps believing that, by testifying strongly against the appellant, it would go easier with him in his case. But concede that there was error in overruling the motion to sever, still, we cannot imagine, under the facts of this case, how a reversal upon that ground should be awarded appellant. The explanation to the bill shows that Lee Wilson was tried at that term of the court, convicted of murder in the first degree, and sentenced to the penitentiary for life, without any appeal. Now if we should reverse the judgment, it is evident that the appellant could never use Wilson as a witness. * * * We would not be understood as holding that when the statute is complied with, the court has any option in the matter, but it is the court’s duty to grant the severance; but we do hold that,, whatever may have been the error of the court below in refusing the severance, a reversal of this case on that account can be”

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

2. “"Such re-enactment has been generally regarded by courts and text-writers as equivalent to a re-enactment of the statute amounting to legislative approval of the interpretation of the statute previously given by the courts."”

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

3. “If a severance is granted, the defendants may agree upon the order in which they are to be tried, but if they fail to agree, the court shall direct the order of the trial.”

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