State v. Leedom’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Malice’ is that condition of the mind which prompts one to do a wrongful act intentionally, without just cause or excuse, and in wanton disregard for the rights and safety of others. Malice may be either express or implied. It may not be implied where there is adequate provocation. “ ‘Express malice’ is that which is established by proof of spite, hatred, or ill will, or by proof of a deliberate or a fixed intent to do injury. “ ‘Implied malice’ is that which may be inferred from the acts and conduct of the accused, and the means employed by him in doing the wrongful and injurious act without just cause or excuse. Malice is not mere spite or hatred or ill will, and malice may not be implied where there is adequate provocation. * * (Emphasis supplied.)”

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

2. ““We have repeatedly held that reversible error will not appear because of failure to submit included offenses unless two elements concur: (1) the claimed included offense must be necessarily included in the offense charged, and (2) the record must contain evidence justifying a finding of such included charge rather than of a higher offense.””

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

3. “A specific intent to kill is not essential to the crime of murder of the second degree.”

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