State v. Gray’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * `The submission of a lower offense is justified only when the evidence on some basis would support a finding that the defendant is innocent of the higher offense and guilty of the lower.' * * *"”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. McKenzie · State v. McKenzie

2. ““We can find no error with the instruction in question. The instruction clearly stated that mere possession alone is not sufficient to justify a conviction; such has been the long standing rule in Montana. Territory v. Doyle, 7 Mont. 245, 250 , 14 P. 671 (1887); State v. Sullivan, 9 Mont. 174, 176 , 22 P.1088 (1890); State v. Sparks, 40 Mont. 82 , 105 P. 87 (1909). Nor can there be any question that possession is a circumstance to be considered in connection with, other circumstances in determining guilt. People v. Johnson, 99 Cal.App.2d 717 , 222 P.2d 335 (1950). “The defendant relies heavily on State v. Greeno, 135 Mont. 580 , 342 P.2d 1052 (1959) which was decided 3-2, for the proposition that the last paragraph of Instruction No. 7 was erroneous because it was a violation of his right to remain silent. That paragraph read in part: “ ‘One who is found in the possession of property that may have been stolen from burglarized premises, is bound to explain such possession in order to remove the effect of that fact as a circumstance, to be considered with other evidence, pointing to his guilt * * “State v. Greeno was reversed by this Court on one ground, namely, because confusing and perjured testimony by a witness prevented a fair trial for the defendant, which testimony the witness later recanted. Although Mr. Justice Bottomly condemned the use of an instruction similar to the one in question here, particularly the portion quoted just above, only one other justice concurred i”

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

3. ““One who is found in the possession of stolen property is bound to explain such possession in order to remove the effect of that fact as a circumstance, to be considered with all other evidence, pointing to his guilt, and if he gives a false account of how he acquired that possession or, having reasonable opportunity to show that his possession was honestly acquired he refuses or fails to do so, such conduct is a circumstance that tends to show his guilt. ’ ’”

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