Crickmore v. State’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Courts have power to set aside a verdict where the evidence is insufficient to sustain it, but no power to set aside a verdict which is sustained by the evidence, because there is no finding of guilt of a higher crime, which the evidence would also have sustained.” (Emphasis added) 213 Ind. 586, 591 , 12 N.E.2d 266, 268 .”

   2 later decisions quote this exact passage
   e.g. Robinson v. State · 170 Ind. App. 155 - Holloway v. State

2. “"One of the causes assigned in the motion for a new trial is that the verdict and judgment are not supported by the evidence. As we understand appellant's contention, it is that, although the intentional and premeditated throwing of stones from an automobile, running at 70 miles an hour, into the windshield of an approaching truck, if such an act is reasonably calculated to produce death, is sufficient evidence of an intention to kill, it is also sufficient to establish premeditation and malice; that, if the jury believed there was an intention to kill, their verdict should have been for murder, and not manslaughter; that, since the verdict was for the lower offense, the jury must have assumed that appellant only intended the unlawful act, consisting of throwing the stones, and that the verdict should have been for involuntary manslaughter. It is difficult to understand how the jury concluded that appellant was guilty of voluntary manslaughter, which implies an intentional killing, since it is clear from the evidence that, if he intended to kill, it was a planned and premeditated killing, which would be murder in the first degree, whereas, if the killing had been unintentional, and only the unlawful act of throwing the deadly missiles had been intentional, it would have been involuntary manslaughter. But it will be seen that the objection to the evidence supporting the verdict is that it is too much, and not that it is too little. [10] In Hasenfuss v. State, (1901), 156 Ind. ”

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

3. ““Precise time of the commission of an offense need not be stated in the indictment, and it is sufficient if the offense is shown by the evidence to have been committed before the date of the indictment and within the Statute of Limitations, which is five (5) years in the case of each crime here charged, except where time is an indispensible ingredient of the offense, which is not the case in Bribery of Public Officer.””

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