288 So. 2d 720 - Smith v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The sole duty of the jury was to pass on the guilt or innocence of the accused. The jury was not concerned in any way with the punishment to be meted out, and it was error to so instruct it as to what the sentence could be. The duty of sentencing the accused was that of the trial judge alone, uninfluenced by any consideration except that of meting out a fair and proper sentence under the circumstances of the particular case.”

   2 later decisions quote this exact passage
   e.g. Edmonds v. State · 336 So. 2d 726 - Warren v. State

2. “This is an indictment for murder and a conviction of manslaughter. The entire defense was put on the ground that the killing was justifiable, and in self-defense. In this condition the state asked an instruction, numbered 3, in these words: "The court instructs the jury that they may find either one of the four following verdicts: First. `We, the jury, find the defendant guilty as charged in the indictment.' Under this verdict the punishment is death. Second. `We, the jury, find the defendant guilty as charged in the indictment, and fix his punishment at imprisonment in the penitentiary for life,' — in which case the court will sentence the defendant to the penitentiary for life. Third. `We, the jury, find the defendant guilty of manslaughter.' Under this verdict the court may fine the defendant in any sum not less than $500, or imprison him in the county jail not more than one year, or both, or may sentence him to the penitentiary not less than two years. Or, fourth, `we, the jury, find the defendant not guilty, which would be an acquittal." We think the granting of this charge reversible error, because of its third clause. It is faulty in stating the punishment, and that in its milder forms. It looks too much like an invitation to the jury to compromise on the lesser offense. The jury have nothing to do with, and should be told nothing of, the character or degrees of punishment in any case whatever, except in murder, in the instance of the first, second, and fourth clauses ”

   1 later decision quote this exact passage
   e.g. 336 So. 2d 726 - Warren v. State