Humphrey v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘While holding (Wilcox v. State, 3 Heisk, [110,] 118, [ 50 Tenn. 110, 118 ]) that the recent possession of stolen property cannot correctly be said to afford plenary proof of the guilt of the prisoner, although unexplained, yet he says: “It creates a strong presumption of guilt.” And the absence of explanation, if in the power of the party, must necessarily make evidence of guilty possession stronger. In fact, the recent possession of stolen articles under these circumstances, would not merely be a strong circumstance, but raise a presumption of guilt, upon which the jury should convict.’ Poe v. State, 78 Tenn. 673, 679 .””

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

2. ““While we do not concede that this portion of the charge was not sufficiently full, even if it was not, such meagerness could not avail the defendants as ground for reversal, since no special request was tendered to call attention of the Trial Judge to the defect.””

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

3. ““The fact that the Defendants did not take the witness stand to testify in their own behalf cannot be considered by you for any purpose. They had a right to testify, or not to testify, as they desired. ’ ’”

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