Commonwealth v. Torrealba’s Empirical Analysis

Citation profile

36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Certain exceptions to the admission of evidence remain to be considered. The manager of the Enterprise store was permitted to testify that it was the custom in his store to give a sales slip with each purchase. In this there was no error. (Citing cases.) “The manager of each of the four stores testified that he had examined the record of the cash register on the afternoon in question, and that this did not show the sale of any article alleged in the indictment to have been the property of his store. This was a proper method of proving the absence of any record of sale. Commonwealth v. Best, 180 Mass. 492, 495 , 62 N.E. 748 ; Blair’s Foodland, Inc., v. Shuman’s Foodland, Inc., 311 Mass. 172, 176 , 40 N.E.2d 303 ; Wigmore on Evidence, 3d Ed., § 1244. In these circumstances the proof of the fact that an entry does not exist does not require the production of the records themselves or the laying of a foundation for the introduction of secondary evidence.””

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