167 Tex. Crim. 164 - McCarty v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State’s testimony shows that on the night of the homicide the deceased was playing in a band at a night club on the Jacksboro highway near the City of Fort Worth. At the conclusion of the dancing around midnight, the deceased and Jack McCarty, a brother of the appellant, engaged in a fist fight on the dance floor. Witnesses called by the State testified that they saw no knife or anything in the hands of either combatant. While the fight was in progress appellant intervened and first cut the deceased in the back with a knife. Several spectators tried to stop the fight but were prevented when appellant would turn on them with the knife. During the fight appellant said he ‘was going to cut the deceased’s privates’ and began cutting him around the thighs. After the fighting ceased and the deceased was on the floor, appellant, as he was leaving the scene reached down and again cut the deceased over the eye. “The deceased was carried from the scene to a hospital with a stab wound of the right chest, two stab wounds in the left thigh and one on the forehead and pronounced dead at 1:15 A.M. It was shown that the cause of death of the deceased was the knife wound in the chest. “As a witness in his own behalf appellant admitted cutting the deceased on the back but denied cutting him in the chest or above the eye. Appellant testified that he entered the fight to aid his brother when his brother hollered ‘Cliff get him off of me — he’s cutting me’; that he saw a knife in the decease”

   1 later decision quote this exact passage
   e.g. McCarty v. State

2. ““Yes, I think you have a right in considering the punishment that might be meted out, you have a right to consider the life the family life, the past of the man killed, I think you have a right to do that, I think if you were faced with a man whose record could be smeared all over the wall that you might consider that in the punishment that should be assessed. I think you have that right to. “Attorney for Defendant: Your Honor, we’re are going to object to counsel’s argument and his last comment and ask the court to ask the jury not to consider it. “The Court: I will sustain the objection, you are so instructed, ladies and gentlemen. “Attorney for Defendant: I would like at this time that the Court declare a mistrial. “The Court: I will overrule your motion.””

   1 later decision quote this exact passage
   e.g. McCarty v. State

3. ““The hospital records of the admission, treatment, and death of the deceased were sufficiently identified by the custodian of such records, and were admissible in evidence under the provision of Art. 3737e, Vernon’s Ann.Rev.Civ.St. over appellant’s objection that they were hearsay.””

   1 later decision quote this exact passage
   e.g. McCarty v. State