232 Ga. App. 82 - Bethel v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With respect to [Hemphill’s] contention that the court should have charged on theft by receiving stolen property, that crime is not a lesser included offense of armed robbery, but is a separate offense proved by an entirely different set of facts. “A defendant is not entitled to an instruction on an offense for which he has not been charged that is not a lesser included charge.” Pruitt v. State, 217 Ga. App. 681, 683 (3) ( 458 SE2d 696 ) (1995). As [Hemphill] was not charged with receiving stolen property, the trial court did not err in refusing to charge on such offense. See Adams v. State, 164 Ga. App. 295, 296-297 (2) ( 297 SE2d 77 ) (1982); Lee v. State, 259 Ga. 230, 232 (3) ( 378 SE2d 855 ) (1989).”

   1 later decision quote this exact passage
   e.g. 242 Ga. App. 751 - Hemphill v. State

2. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. 1”

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