298 Ga. App. 719 - Duke v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he burden is unquestionably upon the State to prove that a crime occurred within the statute of limitation, or, if an exception to the statute is alleged, to prove that the case properly falls within the exception. Thus, although the statute of limitation is not an element of the crime, per se, in a prosecution, where an exception is relied upon to prevent the bar of the statute of limitation, it must be alleged and proved .”

   1 later decision quote this exact passage
   e.g. Terrence Terrell Beavers v. State

2. “since the trial court gave complete instructions on reasonable doubt and the presumption of innocence, the charge as a whole adequately covered the principles of law embodied in the bare suspicion charge.”

   1 later decision quote this exact passage
   e.g. 303 Ga. App. 682 - Gresham v. State

3. “involves a mixed question of fact and law, we accept the trial court's findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts.”

   1 later decision quote this exact passage
   e.g. Terrence Terrell Beavers v. State