Spurlock v. State’s Empirical Analysis

Citation profile

5 federal appellate · 33 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * We, in this State, for nearly a hundred years have followed the view quoted below: “ ‘The prevailing view, however, is apparently to the effect that the capacity of the accused to distinguish right from wrong in respect of the act charged as a crime at the time of its commission is made the test of his responsibility, and not his capacity or ability to distinguish right from wrong in the abstract. Hence, as a composite rule, if a person at the time of the commission of an alleged crime has sufficient mental capacity to understand the nature and quality of the particular act or acts constituting the crime and to know whether they are right or wrong, he is responsible if he commits such act or acts, whatever may be his capacity in other particulars; but if he does not possess this degree or capacity, then he is not so responsible.’ 14 Am.Jur., sec. 40, page 797. ****** “The M’Naghten Rule that is applied in this State, and most other states, is historically and chronologically discussed in the 70 A.L.R. annotation above referred to. Among other things the annotator says of this rule: “ ‘Since then the “right or wrong test” annunciated by that case, though condemned as being unscientific and based on fallacious principles by the overwhelming weight of medical authority, has nevertheless been tenaciously adhered to by a great many courts as the only safe standard under which there can be had a proper administration of justice.’ “We agree with this statement.””

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

2. ““ ‘Insanity as a defense in criminal prosecutions is a question of fact for the jury to determine under proper instructions by the court as other facts are found.’ 14 Am.Jur., sec. 42, page 799. The law presumes sanity, and this being true, obviously the burden is upon the plaintiff in error to show insanity, voluntary or involuntary. Mullendore v. State, 183 Tenn. S3, 191 S.W.2d 149 .””

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

3. “"* * * Until a definitely superior rule of law is presented and enacted by the Legislature, perhaps Tennessee will, in the words of Anderson [Andersen] v. United States, [9 Cir.], 237 F.2d 118 , `trudge along the now well-traveled pike blazed more than a century ago by M'Naghten.'"”

   1 later decision quote this exact passage · from the majority
   e.g. 2 Tenn. Crim. App. 192 - Smith v. State