State v. Dess’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 17 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * Appellant suggests that the evidence, independent of the testimony of an accomplice, must prove him guilty beyond a reasonable doubt. This is not the law in Montana, however. Though there must be some independent evidence connecting the defendant to the crime, it need not be sufficient alone to sustain a conviction. The jury can consider the testimony of the accomplice and give the testimony whatever weight they desire. In State v. Donges, 126 Mont. 341 , 251 P.2d 254 (1952), the Court stated at page 347, 251 P.2d at page 257 : “ ‘The evidence which corroborated Bungard could be furnished by the defendants. It could be circumstantial. It need not extend to every fact to which Bungard testified and need not be sufficient to justify a conviction or establish a prima facie case of guilt; it being sufficient if it tends to connect defendants with the commission of the crime. Whether it tends to do so is a question of law, while its weight — its efficacy to fortify the testimony of Bungard and render his story trustworthy — is a matter for the consideration of the jury. State v. Cobb, 76 Mont. 89 , 245 P. 265 .’ ””

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