160 Tex. Crim. 414 - Fitzgerald v. State’s Empirical Analysis

Citation profile

5 federal appellate · 3 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The offense is robbery, with a prior conviction for the same offense alleged to enhance the punishment; the punishment, life imprisonment. “It was shown that the appellant and his wife presented themselves at the Anderson County jail for the purpose of making an accident report; that, unknown to the appellant, his parole had been revoked, and the ‘process’ for his arrest was in the hands of the officers; and that the appellant was placed temporarily in a cell on the ground floor. Prior to being so incarcerated, the appellant was not searched. When the officers attempted to move the appellant to an upstairs cell in the jail he drew a pistol on them and caused them to go into the cell which he had been occupying. Thereupon, the appellant forced the jailer, at pistol point, to deliver to him the keys to such cell, which he used to lock up the officers so as to prevent them from further interfering with his escape. Appellant did escape and carried the jail keys with him. It was further proven that the appellant had been convicted of robbery in Mc-Lennan County in 1947 and received a five-year sentence. “The appellant offered no defensive testimony. “It is upon these facts that this prosecution is based.””

   2 later decisions quote this exact passage
   e.g. Fitzgerald v. Beto · Fitzgerald v. Beto

2. ““In the Bailey case the keys were not taken from the jail. Appellant testified that he obtained them during a fight with the jailer and intended to use them to lock the jailer in the cell, drop the keys out of his reach and escape from the jail. “But here the keys were actually taken from the jailer by means of an assault, were appropriated by appellant and taken away.” ( 271 S.W.2d 428 .)”

   2 later decisions quote this exact passage
   e.g. Fitzgerald v. Beto · Fitzgerald v. Beto