194 So. 2d 310 - Smith v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"When circumstantial evidence is relied upon for conviction in a criminal case, the circumstances, when taken together, must be of a conclusive nature and tendency, leading on the whole to a reasonable and moral certainty that the accused, and no one else, committed the offense. If the facts in proof are equally consistent with some other rational conclusion than that of guilt, the evidence is insufficient. If the evidence leaves it indifferent as to which of several hypotheses is true, or merely establishes some finite probability in favor of one hypothesis rather than another, such evidence cannot amount to proof, however great the probability may be. It is the actual exclusion of each other reasonable hypothesis which clothes mere circumstances with the force of proof. Circumstantial evidence which leaves nothing more than a suspicion that the accused committed a crime is not sufficient to sustain a conviction.” 1”

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

2. ““MR. HOLMES: The Defense moves for a partially directed verdict, in any event, in this case. I find one element missing in both of the charges involved, and that is an element of the value of the property allegedly taken. “The only testimony we have going to the value of the property relates to the value of more than a year; its purchase price more than a year prior to the time of the taking, alleged in this case; and therefore I would move that at the very least the Court directs a verdict that this Defendant not be convicted of breaking and entering with intent to commit a felony or grand larceny, but only, if [sic] such lesser charges as may be appropriate. “THE COURT: Do you have anything further, Counselor? “MR. HOLMES : No, sir. “THE COURT: Motion denied.””

   1 later decision quote this exact passage
   e.g. 227 So. 2d 241 - Owens v. State

3. “There is no precedent for this novel approach that counsel may attempt to impeach a witness by showing that close relatives of the witness have a criminal record.”

   1 later decision quote this exact passage
   e.g. 898 So. 2d 25 - Arbelaez v. State