State v. Moore’s Empirical Analysis

Citation profile

74 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule as to the admissibility of this sort of visual evidence is well settled. Demonstrative evidence of this character is admissible if it tends to connect the accused with the crime, or to prove the identity of the deceased, or show the nature of the wound, or throw any relevant light upon a material matter at issue. [Citations omitted.] Defendant concedes that the admission of this sort of evidence is largely within the discretion of the trial court, but contends that the court, in admitting the exhibits, abused its discretion, saying that the photographs were unnecessary and should have been excluded because “the identity of deceased, the position of the body and the nature of the wounds had been exactly and precisely established by other evidence.” Even if we assume that there was evidence upon all of the material facts shown by the photographs it does not follow that the exhibits were inadmissible. In State v. Tyson, 363 Mo. 1242 , 258 S.W.2d 651, 654 [4], we find this statement relating to the application of the rule: “It is not a valid objection that witnesses have testified to matters shown by photographs because pictures give a much clearer impression of many things than any oral description and that is the reason for using them.” [Citation omitted.]”

   2 later decisions quote this exact passage
   e.g. 21 Utah 2d 113 - State v. Poe · 21 Utah 2d 205 - State v. Renzo

2. ““The fact that there was oral testimony as to the physical conditions shown by the photographs does not render them inadmissible, * * * and the State having the burden of proving the guilt of the accused beyond a reasonable doubt should not be unduly limited as to the quantum of its proof. * * * The relevant matters shown in the photographs were more graphically presented through the photographs than would have resulted from the words of a stipulation.””

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

3. “correctly states the rule for judicial guidance.”

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