Eaton v. State’s Empirical Analysis

Citation profile

51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The above excerpts show clearly that the argument of the solicitor in this case was highly improper. The trial court, by overruling the objections of defense counsel to the argument, indicated its approval of the statement as being correct. Burch v. State , 32 Ala. App. 529 , 29 So.2d 422 ; McCray v. State , 261 Ala. 275 , 74 So.2d 491 . "The only inference to be drawn from the solicitor's argument in the present case that, `A man like this, if he was to get off with life imprisonment, he would be out and around' — would be that the accused would either escape the penitentiary, or be paroled. Neither event was for the consideration of the jury. "The remaining portion of the statement, `or kill some convict there in the penitentiary,' was improper as a statement of a fact not in the record, and further was not susceptible of proof. The probable inflammatory and prejudicial effect of such an argument cannot be denied."”

   3 later decisions quote this exact passage
   e.g. 380 So. 2d 960 - Trent v. State · 359 So. 2d 1178 - Murray v. State

2. “"`A man like this, if he was to get off with life imprisonment, he would be out and around or kill some convict there in the penitentiary.'"”

   3 later decisions quote this exact passage
   e.g. Grady v. State · 380 So. 2d 960 - Trent v. State

3. ““The evidence tends to show that the appellant and three companions drove into Sumter County, Alabama, from Texas. They were in a Ford automobile, and had heard police radio broadcasts for their apprehension. Shortly after entering Alabama from Mississippi, they saw a highway patrol car apparently following them. “Speeding up and turning down a country road they eluded the patrol car, and eventually drove behind a country church where they spent the night. The next day, driving at random they stopped at a rural negro church. A well was near this church. They decided to ‘put someone in the well’ that night. “After dark they drove to the home of Jack Stone. No one being there they burglarized the house, ransacking it thoroughly. The appellant testified they found some beer and whisky in the Stone home, and he had several cans of beer and about a half of a fifth of whisky. “After dark the quartet then drove to the home of Mr. and Mrs. Leonard Culpepper. The Culpeppers being absent, they entered the home and were in the process of burglarizing this home when the Culpeppers returned. “Mrs. Culpepper entered the house first. Upon observing the appellant and his companions with drawn guns she screamed. The appellant struck Mrs. Culpepper a severe blow on the head with a pistol, knocking her to the floor. As Mr. Culpepper entered the house he was covered by the guns in the hands of the four burglars. “After tying up the Culpeppers and ransacking their home the quartet placed Mrs. Cul”

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