Nelson v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Finally, defendant contends that the court should have instructed on the law in accordance with his requested instructions. This has relation particularly to requested instructions No. 6 and No. 7. Defendant’s defense was predicated upon the proposition that young Hardman, and Barrett, were not operating the automobile with due regard for their own safety. The Barrett boy testified that immediately before they went into the intersection, he was looking across the street at the Crosstown Bar to see if he could observe some of their associates, who sometimes frequented that place; that his own evidence indicated they might not have been operating the automobile in which they were riding with that degree of care conducive to their own safety, as well as the safety of others. Such is the crux of the defendant’s defense in the case at bar, and he was entitled to have an instruction covering this theory of defense of an accidental killing. The court’s failure to instruct, on this theory, deprived the accüsed of a valuable right. If the decedent’s failure to exercise reasonable care and caution for his own safety was the proximate cause of his death, then, in that event, the defendant would not be liable.””

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

2. ““Instruction 9: The taking of human life is excusable homicide when committed by accident and misfortune in the heat of passion upon any sudden and sufficient provocation, or upon a sudden combat, providing no undue advantage is taken, nor any dangerous weapons used, and that the killing is not done in a cruel or unusual manner, or when committed by accident and misfortune and doing a lawful act, by lawful means, with usual and ordinary caution, and with any unlawful intent. “Instruction IS: If there exist in your minds a reasonable doubt under these Instructions that the defendant is guilty of the crime with Murder, or of the crime of Manslaughter in the First Degree, or the crime of Manslaughter in the Second Degree, or should find from the evidence under these Instructions, that the acts of killing said Charles Enoch by the defendant was excusable homicide, as defined in these Instructions, it will be your duty to return a verdict of not guilty and thereby acquit this defendant.””

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

3. ““4. If by any fair intendment the provisions in the body of an act have a necessary and proper connection with the title, and are not incongruous with the title, or without proper connection or relation therewith they are sufficiently covered by the title. “5. The term ‘subject’, as used in article 5, § 57, of the Oklahoma Constitution, to the effect that ‘Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title,’ is to be given a broad and extensive meaning so as to allow the Legislature full scope to include in one act all matters having a logical or natural connection.””

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