Carson v. Commonwealth’s Empirical Analysis

Citation profile

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

1. ““The court instructs the jury that the defendant is presumed to be innocent until his guilt is established by the evidence beyond all reasonable doubt. It is not sufficient that his guilt is probable only, or even more probable than his innocence. Nor can the defendant be convicted upon mere suspicion. No amount of suspicion, however strong, will warrant his conviction. But in order to convict, the evidence of guilt must be so strong that there can be no theory from the evidence consistent with his innocence.””

   1 later decision quote this exact passage · from the majority
   e.g. Whaley v. Commonwealth

2. ““The two instructions are not inconsistent and in a proper case both should be given. They simply define deliberation and premeditation from two points of view. Honesty v. Commonwealth, 81 Va. 283 ; Horton’s Case, supra; Virginia and West Virginia Digest, (Michie) Vol. 5, sec. 31, p. 388. It follows that the trial court committed error in refusing to grant the instruction as requested by defendant. * *”

   1 later decision quote this exact passage · from the majority
   e.g. Wade v. Commonwealth

3. “The better doctrine, supported by the clear weight of authority, is that . . . flight . . . does not measure up to the standard of presumptive evidence of guilt, but is merely evidence tending to show guilt, to be considered by the jury and given such weight as [it] deem[s] proper in connection with other pertinent and material facts and circumstances in the case.”

   1 later decision quote this exact passage · from the majority
   e.g. Turman v. Com.