Booth v. State’s Empirical Analysis

Citation profile

78 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Among the grounds of motion for a new trial was the one that the verdict was contrary to the great preponderance of the evidence. The motion was denied. The solution of the questions of fact presented in this case was One not free from difficulty, but was' one" peculiarly for-the jury’s-determination. The trial appears to have been conduct ed with great care. The defendant was vigorously represented by able counsel who was alert to his every interest, and the trial judge likewise appeared to have conducted the trial in such a manner as to safeguard defendant’s every right. Under the rule by which we are here guided, there is no justification for a disturbance of the trial court’s action in denying the motion for a new trial based upon this ground.””

   2 later decisions quote this exact passage
   e.g. McTyre v. State · Metropolitan Life Ins. Co. v. Fox

2. ““In Refused Charge 7 is the positive statement that defendant is presumed innocent as a matter of law and that this presumption of innocence is an evidentiary fact which remains with the defendant throughout the trial of the case. Though there is a contrariety of opinion among the authorities (22 C.J.S. Criminal Law § 581, p. 896), yet our own decisions are to the effect that this presumption does not necessarily attend the defendant throughout the whole trial, but only until it is overturned by evidence which convinces the jury of guilt beyond a reasonable doubt. Waters v. State, 117 Ala. 108 , 22 So. 490 ; McClain v. State, 182 Ala. 67 , 62 So. 241 ; Osborn v. State, 30 Ala.App. 386 , 6 So.2d 461 . There was, therefore, no error in the refusal of Charge 7.””

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

3. ““When the facts which prove the killing do not rebut the presumption, which the law raises, the burden is on the defendant by other evidence to rebut it, and failing to meet this burden, the presumption of the law is against him.””

   1 later decision quote this exact passage
   e.g. 40 Ala. App. 178 - Kissic v. State