Shedd v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f two or more persons enter into a combination or confederation to accomplish some unlawful object, any act done by any of the participants in pursuance of the original plan and with reference to the common object is, in contemplation of law, the act of all.”

   3 later decisions quote this exact passage
   e.g. Adams v. State · 907 So. 2d 397 - Trotter v. State

2. “The Court instructs the jury that if you believe from the evidence in this case beyond a reasonable doubt that the defendant, Frank Talbert Malone, Marilyn Page, and others conspired together to commit a robbery of Virginia Guilbeau on the time and date charged and testified about and that in pursuance to said conspiracy or agreement, if you believe from the evidence beyond a reasonable doubt there was such a conspiracy or agreement, that Marilyn Page did wilfully, unlawfully and feloniously commit an assault upon the person of said Virginia Guilbeau with a deadly weapon, to-wit: a pistol, and did then and there feloniously put her, the said Virginia Guilbeau, in fear of immediate injury to her person by the exhibition of said deadly weapon as aforesaid, and with the unlawful and felonious intent to steal, the said Marilyn Page did then and there in pursuance of said conspiracy or agreement unlawfully, willfully and feloniously take and steal and carry away from the person and in the presence of and against the will of said Virginia Guilbeau, certain personal property, to-wit: diamond rings and a diamond watch charged and and testified about, then the defendant is guilty of armed robbery, if you so believe from the evidence beyond a reasonable doubt as aforesaid, and it is your sworn duty to so say by your verdict.”

   1 later decision quote this exact passage
   e.g. 486 So. 2d 360 - Malone v. State

3. “Shedd aided and abetted in the commission of the crime. The use of the words "conspired together" in the instruction for the State was, we think, synonymous with the forming of a common design and purpose, and was not used in its limited technical, legal sense of a conspiracy as a misdemeanor. So when considered in this manner, the instruction properly advised the jury under the facts that, if it believed that the woman and Shedd formed a common design and purpose to steal the money of Jenkins and that in pursuance of that common design the woman feloniously stole the money, then Shedd is guilty as charged. Compare Gibbs v. State , [22] Miss. [1] 1955, 77 So.2d 705 . [Emphasis added]”

   1 later decision quote this exact passage
   e.g. 486 So. 2d 360 - Malone v. State