154 Tex. Crim. 284 - Cain v. State’s Empirical Analysis
1950
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently June 2001
12 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 88 Tex. Crim. 389 - Walker v. State · Palmer v. State · 55 Tex. Crim. 119 - Malone v. State · 61 Tex. Crim. 454 - Gray 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“6. “If you should find that the defendant was guilty of murder but you have a reasonable doubt as to whether the defendant, in committing the offense, if he did, was prompted by malice, then you should resolve that doubt in defendant’s favor, and in such case you can find the defendant guilty only of murder without malice aforethought. “In this connection, if you find from the evidence beyond a reasonable doubt that the defendant is guilty of murder, then you may consider the condition of defendant’s mind at the time of the killing, if any, and, as going to show the condition of mind, you may take into consideration all the relevant facts and circumstances surrounding the killing, if any, and the previous relationship existing between the defendant and the deceased, if any, together with all relevant facts and circumstances in evidence.” 7. “If you find from the evidence beyond a reasonable doubt that defendant is guilty of murder but you have a reasonable doubt as to whether such offense was committed with malice aforethought, you should resolve that doubt in defendant’s favor and find him guilty of murder without malice aforethought. “If you have a reasonable doubt as to whether defendant is guilty of murder at all, whether with or without malice aforethought, then you will find the defendant not guilty.””
1 later decision quote this exact passagee.g. Daniel v. State“As stated by Judge Hawkins in Anderson v. State, 129 Tex.Cr.R. 586 , 90 S.W.2d 564, 569 , ‘We are in accord with the holding that a charge should not be so worded as to shift the burden of proof to a defendant, and that ordinarily the question of reasonable doubt should be given in connection with an affirmative defensive charge, and that the failure to do so raises a serious question when such failure is pointedly called to the trial court’s attention.’ Though the better practice be to apply the doctrine of reasonable doubt in each paragraph and in connection with each defensive theory, it does not follow that failure to do so constitutes reversible error. [Cites omitted.]”
1 later decision quote this exact passagee.g. Biegajski 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.