292 Pa. Super. 108 - Commonwealth v. Thompson’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, appellant asserts that the trial court had insufficient evidence upon which to convict him of recklessly endangering another. The Commonwealth was required to prove beyond a reasonable doubt that the appellant acted in a manner which involved a conscious disregard of risk. 1 * * 4c * * * The evidence had at trial which we have not already held impermissibly admitted — the blood test results — included evidence that Thompson was driving at a high speed, that his car “bottom[ed] out” while passing through an underpass and that a passenger in his car, the driver of another car and he were injured. There [sic] are all circumstantial facts upon which the trial court may base its verdict only where: “ ‘the theme of guilt must flow from the facts and circumstances proved and be consistent with them all.’ Commonwealth v. Clinton, 391 Pa. 212, 218 , 137 A.2d 463, 466 (1958).” As appears in Commonwealth v. Simpson, 436 Pa. 459 , 260 A.2d 751 (1970). In light of our determination that the blood test results were improperly admitted into evidence, we are unable to find, from a reading of the entire record, that the trial court drew its decision from facts and circumstances consistent with a finding of guilt beyond a reasonable doubt. Thus, it did not have sufficient evidence to reach its decision.”

   1 later decision quote this exact passage · from the majority
   e.g. 329 Pa. Super. 275 - Commonwealth v. Henck