Durham v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Moreover, the proof of a mere opportunity to commit the crime, without more, is not sufficient to sustain a conviction. Osbon v. State (1938), 213 Ind. 413 , 13 N.E.2d 223 . * * * A verdict based merely upon suspicion, opportunity, probability, conjecture, speculation or unreasonable inferences of guilt gleaned from the vague evidence surrounding the cause of (the decedent's) death cannot be upheld and must be reversed. Manlove v. State (1968), 250 Ind. 70 , 232 N.E.2d 874 ."”

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

2. “"Whoever with intent to kill another human being perpetrates an assault or assault and battery upon the other human being, shall upon conviction, be imprisoned in the state prison for not less than two [2] nor more than fourteen [14] years."”

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

3. ““A verdict based merely upon suspicion, opportunity, probability, conjecture, speculation, and unreasonable inferences of guilt gleaned from the vague circumstances in the record before us cannot be upheld and must be reversed.””

   1 later decision quote this exact passage
   e.g. 154 Ind. App. 182 - Matthew v. State