McGill v. State’s Empirical Analysis

Citation profile

81 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““MOTION TO CORRECT ERRORS The defendant, George Donald Angel, moves the Court for the correction of errors occurring prior to and during the trial of the within cause as follows: 1. The verdict of the jury is not supported by sufficient evidence upon all necessary elements of the offense for which the defendant was convicted and is contrary to the evidence. 2. The verdict of the j ury is contrary to law. * * * 3. Uncorrected error of law occurring and properly raised in the trial of the proceedings, in this, to-wit: The Court erred in overruling defendant’s motion for a mistrial, and the defendant was denied a fair trial by reason that the mention of a ‘mug shot’ unduly prejudiced the defendant. * * * [questions, objections, remarks and answers omitted] 4. Uncorrected error of law occurring and properly raised in the trial of the proceedings, in this, to-wit: The Court erred in refusing to give to the jury at the request of the defendant, defendant’s instruction number one (1) which was tendered and requested by the defendant, and is in the words and figures as follows: ‘INSTRUCTION NO. 1 The Court instructs you that a person commits Theft when he knowingly: “* * Obtains by deception control over property of the owner or a signature to any written instrument. * *” ’ 5. Uncorrected error of law occurring and properly raised in the trial of the proceedings, in this, to wit: The Court erred in refusing to give to the jury at the request of the defendant, defendant’s instruction ”

   1 later decision quote this exact passage
   e.g. 155 Ind. App. 242 - Angel v. State

2. ““Whoever breaks and enters into any boat, wharf-boat, or other water-craft, interurban-car, street-car, railroad-car, automobile, airplane, or other aircraft, or any building or structure other than a dwelling-house or place of human habitation, with the intent to commit a felony therein, shall be guilty of burglary in the second degree, and upon conviction shall be imprisoned not less than two (2) years nor more than five (5) years and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period: Provided, however, That the court shall have power to suspend prison sentence and place the defendant on probation in accordance with existing law.””

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

3. ““It is true that mere presence at the scene of a crime, with nothing more, is insufficient evidence to sustain a conviction for participation in the crime.” (citations omitted). “However, presence at the scene in connection with other circumstances tending to show participation in the crime may be sufficient to sustain a conviction.” (citations omitted). McGill v. State, (1969) 252 Ind. 293, 299-300 , 247 N.E.2d 514 .”

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