147 W. Va. 338 - State v. Etchell’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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ The law concerning the effect of evidence showing the possession by an alleged thief of the property he is charged with having stolen is in an apparent state of confusion, due in many cases to loose and inexact methods of expression used in discussing the question. The principal difficulty lies in determining the effect of such evidence. The true rule is, without doubt, that the possession of the property by the defendant soon after the commission of the alleged crime is merely an evidentiary fact tending to establish guilt which should be submitted to the jury, to be considered in connection with all the other facts and circumstances disclosed by the evidence. According to the weight of authority, it does not in any case raise a. presumption of law that the defendant committed the alleged larceny.””

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

2. ““Evidence of the exclusive possession by an accused person of recently stolen goods, corroborated by other proper evidence, facts and circumstances tending to prove guilt, may be sufficient to convict the possessor of the theft of such goods, even though the corroborating evidence, facts and circumstances alone would be insufficient to support a conviction. Whether, in such circumstances, the evidence is sufficient to establish the guilt of the accused beyond reasonable doubt is ordinarily a question of fact for the jury.” 4”

   1 later decision quote this exact passage
   e.g. 165 W. Va. 741 - State v. Craft

3. ““In a criminal case, a verdict of guilt will not be set aside on the ground that it is contrary to the evidence, where the state’s evidence is sufficient to convince impartial minds of the guilt of the defendant beyond a reasonable doubt. The evidence is to be viewed in the light most favorable to the prosecution. To warrant interference with a verdict of guilt on the ground of insufficiency of evidence, the court must be convinced that the evidence was manifestly inadequate and that consequent injustice has been done.””

   1 later decision quote this exact passage
   e.g. 165 W. Va. 741 - State v. Craft