2005 Pa. Super. 321 - Commonwealth v. Tomey’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we review the evidence admitted at trial, along with any reasonable inferences that may be drawn from that evidence, in the light most favorable to the verdict winner. A conviction will be upheld if after review we find that the [fact-finder] could have found every element of the crime beyond a reasonable doubt. We may not weigh the evidence or substitute our judgment for that of the fact-finder. The facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. ‘Any doubts regarding a defendant’s guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances.’ The Commonwealth may prove each element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Furthermore, the entire record must be evaluated and all evidence actually received must be considered. Finally, the trier of fact, while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part, or none of the evidence.”

   1 later decision quote this exact passage
   e.g. 2015 Pa. Super. 121 - Commonwealth v. Shickora

2. “This Court has not yet defined ‘wanton’ in the context of the animal cruelty statute. But see Simpson, supra at 500 n. 4 (noting that BLACK’S LAW DICTIONARY defines ‘wanton’ as ‘[unreasonably or maliciously risking harm while being utterly indifferent to the consequences’). We agree with the Simpson Court that the definitions of ‘wanton -or cruel’ within the context of § 5511(c) should be construed according to their ‘common and approved usage.’ Simpson, supra, (quoting 1 Pa.C.S.A. § 1903(a)).”

   1 later decision quote this exact passage
   e.g. 2015 Pa. Super. 121 - Commonwealth v. Shickora

3. “A person commits an offense if he wantonly or cruelly illtreats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal’s body heat and keep it dry.”

   1 later decision quote this exact passage
   e.g. 2015 Pa. Super. 121 - Commonwealth v. Shickora