Mason v. State’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is seldom, however, that juries are required to determine upon the effect of evidence of the mere recent possession of stolen property; from the very nature of the case, the fact is generally accompanied by other corroborative or explanatory circumstances of presumption. If the party have secreted the property — if he deny that it is in his possession, and such denial be discovered to be false— if he cannot show how he became possessed of it — if he give false, incredible, or inconsistent accounts of the manner in which he acquired it, as that he found it, or that it had been given or sold to him by a stranger, or left at his house — if he have disposed of or attempted to dispose of it at an unreasonably low price — if he have absconded or endeavored to escape from justice — if other stolen property, or housebreaking tools, or other instruments of crime be found in his possession' — -if he were seen near the spot at or about the time when the act was committed — or if any article belonging to him be found at or near the place where the theft was committed, at or about the time of the commission of the offense — if the impression of his shoes or other articles of apparel correspond with marks left by the thieves — if he have attempted to obliterate from the articles in question marks of identity, or to tamper with the parties or the officers of justice — these, and all like circumstances, are justly consid ered as throwing light upon and explaining the fact of possession, ”

   1 later decision quote this exact passage
   e.g. People v. Villegas