Long v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is objected that the court erred in permitting the district attorney, over objection, to state that his deliberate judgment was that the defendant was guilty of manslaughter, and, when the court declined to exclude it, he repeated this statement. This statement was within the limitation of legitimate argument. While it might be more prudent and better ethics to draw inferences, without stating his personal opinion, from the testimony, it was permissible for him to state his conclusions to the jury. The very purpose of an advocate is to help the jury draw conclusions from the evidence and to make suggestions of what is a proper conclusion, and to give such reasons as occur to counsel as to what conclusions should be so drawn. ( 163 Miss. at 548 , 141 So. at 594 ).”

   1 later decision quote this exact passage · from the majority
   e.g. 286 So. 2d 817 - Peyton v. State

2. “When a person is doing an unlawful act, or doing a lawful act in an unlawful manner, and the doing of the act results in the death of another person, the result is not excusable or justifiable; and if not malicious or premeditated, or done under circumstances showing a disregard for social duty, or bent on mischief, it would amount to manslaughter.”

   1 later decision quote this exact passage · from the majority
   e.g. 530 So. 2d 129 - O'BRYANT v. State

3. “(b) when committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation.”

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