24 Utah 2d 255 - State v. Schad’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 40 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “does not apply to each circumstance separately, but is a matter within the prerogative of the jury to determine from all of the facts and circumstances shown; and if therefrom they are convinced beyond a reasonable doubt of the defendant's guilt, it necessarily follows that they regarded the evidence as excluding every other reasonable hypothesis.”

   3 later decisions quote this exact passage
   e.g. State v. Layman · State v. Blubaugh

2. “Defendant seems to essay the position that because the killing was not in the commission of one of the named felonies involving violence: arson, rape, burglary or robbery, there should have been no instruction on felony murder. This position is not tenable because it ignores the subsequent portions of our statute. It is not to be doubted that murder must come within the definition set forth therein. But that also provides for “any other homicide committed under circumstances which would have constituted murder at common law.” This included death resulting from the perpetration of any felony. We agree with the reasoning of the cases cited by the defendant that in order for death to constitute murder because it results in the commission of a felony, the felony must be one which may cause death because it may be dangerous to human life. This reasoning correlates with the part of our statute making it murder if a death results from “any act greatly dangerous to the lives of others and evidencing a depraved mind, regardless of human life.” However, we fail to see how that affords any comfort or protection to the defendant in this case. In listing certain felonies which are dangerous to the lives -of others, it certainly was not intended to exclude other felonies which might be so; and this must be determined from the circumstances of the particular crime.”

   1 later decision quote this exact passage
   e.g. 454 F. Supp. 2d 897 - Schad v. Schriro

3. “Degrees of murder.—Every murder perpetrated by poison, lying in wait or any other kind of wilful, deliberate, malicious and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than the one who is killed; or perpetrated by any act greatly dangerous to the lives of others and evidencing a depraved mind, regardless of human life;—is murder in the first degree. Any other homicide committed under such circumstances as would have constituted murder at common law is murder in the second degree.”

   1 later decision quote this exact passage
   e.g. 454 F. Supp. 2d 897 - Schad v. Schriro