16 Ill. App. 3d 553 - People v. Smith’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State’s theory rests solely on an inference from the fact of the shooting. *** No eyewitnesses to the shooting were presented. While the State has introduced evidence which demonstrated that some of defendant’s actions prior to the shooting may have been deliberate, there is nothing to show that defendant’s actions were reckless or that defendant’s actions were likely to cause death. Nor was it demonstrated that defendant’s actions were different from proper standards of conduct. The sole evidence relating to the actual circumstances of the shooting comes from statements defendant made to the police officers. In these statements defendant asserts that while dusting his gun he accidentally shot his wife. We cannot exclusively infer from these statements, nor from the other evidence presented, that defendant pointed the gun at his wife. From this evidence it could just as easily be inferred that [the wife] moved in front of the gun at the moment the gun was discharged. While the trial court found against the defense of accident, we cannot say that when a person is dusting or handling a loaded gun in his own apartment, in the presence of others, and under the meager evidence here presented, that this is per se a reckless act.” 16 Ill. App. 3d at 556-57 .”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Smith