State v. McKeough’s Empirical Analysis

Citation profile

51 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . No party shall assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection. . . . ””

   2 later decisions quote this exact passage
   e.g. State v. Childs · State v. Brown

2. ““The term ‘reasonable doubt’ almost defines itself: It is not a mere possible doubt, it is not a mere conjecture nor an unreasonable doubt, nor á whimsical doubt, it is a doubt arising in the mind for which some fair, just reason can be given. It is such an actual substantial and well-founded doubt as would be entertained by a reasonable and conscientious man. Such a doubt that the reason for it can be examined and discussed. It is a doubt which a reasonable man of sound judgment without bias, prejudice or interest after calmly, conscientiously and deliberately weighing all of the testimony would entertain as to the guilt of the accused. It is not enough to establish merely a probability of guilt, the rule requires that the guilt shall be established to a reasonable but not an absolute demonstrative or mathematical certainty. When all is said and done however, the phrase ‘reasonable doubt’ defines itself. It must be a doubt and also a doubt that is reasonable. Unless the State satisfies you of the truth of every fact essential to the guilt of the accused, that is of every fact necessary to the commission of the crime with which he is charged, including the fact that he committed the crime by evidence which convinces you beyond a reasonable doubt, then the State has failed to sustain the burden which is upon it and your verdict must be not guilty”

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

3. ““to negate, as a matter of law, the existence of specific intent to deprive permanently the owner of his property, a wrongful taker of the property of another must have in mind not only that his retention of possession, or control, will be ‘temporary’ but also that when he will relinquish the possession, or control, he will do it in some manner (whatever, particularly, it will be) he regards as having affirmative tendency toward getting the property returned to its owner. In the absence of such thinking by the defendant, his state of mind is fairly characterized as indifference should the owner never recover his property; and such indifference by a wrongdoer who is the moving force separating an owner from his property is appropriately regarded as his ‘willingness’ that the owner never regain his property. In this sense, the wrongdoer may appropriately be held to entertain specific intent that the deprivation to the owner be permanent.” (Emphasis in original).”

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