State v. Trott’s Empirical Analysis

Citation profile

1 district · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As the facts were postured, the jury could have found any one of three felonies committed resulting in the death of the decedent. It must be noted that the res gestae embraced one continuous act commencing with the altercation at decedent’s home and culminating when decedent was cast alive into the sea to drown. In his explanation of the felony-murder rule, the presiding Justice adequately defined each of the three possible felonies, robbery, assault with intent to rob, and assault and battery high and aggravated. The act of carrying the decedent, either unconscious or unable to resist, to the wharf, and casting him alive into the sea was itself assault and battery high and aggravated since it was an act of such a nature as to cause death or serious bodily harm. When in fact death did result the felony-murder rule had application.” (Emphasis supplied.)”

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

2. ““[I]f a person is engaged, and I mean by that is presently engaged in the commission of a felony and if while so engaged in the commission of a felony the death of another person results, such a person would be guilty of murder because the law would imply malice from the fact that the person was engaged in the commission of a felonious act.””

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