347 So. 2d 352 - Talbert v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, we believe that the most reasonable rule is stated in 40 C.J.S. Homicide § 186 (1944): When a wound from which death might ensue has been inflicted with murderous intent and has been followed by death, the burden of proof is on accused to show that death did not result from such wound, but from some other cause. State v. Johnson, 36 Del. 341 , 175 A. 669 (Ct. of Oyer & Terminer 1934); Land v. State, 156 So.2d 8 (Fla. 1963), cert. denied, 377 U.S. 959 , 84 S.Ct. 1635 , 12 L.Ed.2d 503 (1964); Hopper v. State, 54 So.2d 165 (Fla. 1951); Penton v. State, 114 So.2d 381 (Fla.App. 1959); Coachman v. State, 114 So.2d 189 (Fla.App. 1959). In Mississippi the burden of proof never shifts from the prosecution in a criminal case. Pittman v. State, 297 So.2d 888, 891 (Miss. 1974). However, the defendant has the duty to go forward in presenting evidence to substantiate matters raised in defense. See, e.g., Alston v. State, 258 So.2d 436, 438 (Miss. 1972).”

   2 later decisions quote this exact passage
   e.g. 751 So. 2d 1060 - Skinner v. State · 506 So. 2d 989 - Meshell v. State

2. “The conflict between Weathers and the officer as to whether Weathers had, in fact, made the statement attributed to him created a factual issue, the resolution of which lay peculiarly within the province of the jury.”

   1 later decision quote this exact passage
   e.g. 443 So. 2d 806 - Caldwell v. State

3. “that the state properly established the cause of [the victim's] death.”

   1 later decision quote this exact passage
   e.g. 751 So. 2d 1060 - Skinner v. State