State v. Jones’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. “Heat of passion” and “malice” are at best very vague terms which must be applied.in the light of the legislative purpose in differentiating second degree murder and manslaughter. The differentiation apparently was made “out of the indulgence of the frailty of human nature,” recognizing that the provocation in some cases may be so great as to warrant a penalty, less than that prescribed for murder. In deciding whether the defendant should be given the benefit of this recognition of the “frailty of human nature,” his conduct must be measured against the standards of the community. The jury is best equipped to apply 'tliát ‘ standard: The trial court properly' siib-mitted. to the jury the :question of- dec fendant’s malice. 4 . .”

   1 later decision quote this exact passage
   e.g. 28 Utah 2d 279 - State v. Ross