321 So. 2d 509 - State v. Singleton’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A. In all cases the court shall charge the jury that: * * * * * * "(2) It is the duty of the jury, in considering the evidence and in applying to that evidence the law as given by the court, to give the defendant the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence in the case ..." Here, the jury was instructed: "Ladies and gentlemen, the defendant is presumed to be innocent until he is proven guilty beyond a reasonable doubt. "The consequence of this rule of law is that the defendant is not required to prove his innocence, but may rest upon the presumption in his favor until it is overcome by affirmative proof. The burden, therefore, is on the State to establish the guilt of the accused to your satisfaction and by legal and competent evidence beyond a reasonable doubt. It is your duty as jurors to consider all the evidence and then apply the law as given by the Court. "If you entertain a reasonable doubt as to any fact or element necessary to constitute the defendant's guilt it is your sworn duty to give him the benefit of that doubt and return a verdict of not guilty. Even where the evidence demonstrates a probability of guilt, yet if it does not establish such guilt beyond a reasonable doubt, you must acquit the accused. However, this doubt must be a reasonable one; that is, one that is founded upon a real, tangible, substantial basis, and not upon mere caprice, fancy or conjecture. It must be such a doubt as would give rise to ”

   1 later decision quote this exact passage
   e.g. 445 So. 2d 1203 - State v. Rault

2. “shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case.”

   1 later decision quote this exact passage
   e.g. 350 So. 2d 615 - State v. Sheppard

3. “Ladies and gentlemen, the defendant is presumed to be innocent until he is proven guilty beyond a reasonable doubt.”

   1 later decision quote this exact passage
   e.g. 445 So. 2d 1203 - State v. Rault