356 So. 2d 1220 - King v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"If after considering all the evidence in the case, you have an abiding conviction of the truth of the charge, then you are convinced beyond a reasonable doubt and it would be your duty to convict the defendant. The reasonable doubt which entitles an accused to an acquittal is not a mere fanciful, vague, conjectural, or speculative doubt, but a reasonably substantial doubt arising from the evidence and remaining after a careful consideration of the testimony such as reasonable, fair-minded and conscientious men and women would entertain under all of the circumstances. . . . "If after comparing and considering all of the evidence in the case your minds are left with such a condition that you cannot say you have an abiding conviction to a moral certainty of the defendant's guilt, then you are not convinced beyond a reasonable *Page 948 doubt and the defendant would be entitled to an acquittal." (Emphasis added.)”

   3 later decisions quote this exact passage
   e.g. Fitch v. State · 371 So. 2d 947 - Dillard v. State

2. “"* * * Now, what does beyond a reasonable doubt and to a moral certainty mean? The term reasonable doubt is a substantial doubt, a real and substantial doubt that you will have in your mind as reasonable individuals after consideration of all of the evidence or based on the fact that there was a lack of evidence. That is the type of doubt that would entitle the defendant to an acquittal. The substantial doubt or reasonable doubt that we refer to is not a speculative type doubt or guessing doubt. That type of doubt would not require an acquittal of the defendant, or a conjectural type of doubt, but the doubt that would entitle the defendant to an acquittal would be a real and substantial doubt that you would arrive at from the evidence or based on the fact that there was a lack of evidence. Some judges charge juries that the doubt that is required for the reasonable doubt element could be ascertained this way, if after considering all the evidence presented, you have an abiding conviction of the guilt of the defendant, you would, in effect, be believing the defendant guilty beyond a reasonable doubt. As I said, the responsibility of proof is on the State. The proof, of course, refers to proof beyond a reasonable doubt and to a moral certainty. You might wonder what that really means. It means the same thing as beyond a reasonable doubt. If you find the defendant guilty as to a moral certainty, it would be likewise finding the defendant guilty beyond a reasonable doubt. They ar”

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

3. “If after considering all the evidence in the case, you have an abiding conviction of the truth of the charge, then you are convinced beyond a reasonable doubt and it would be your duty to convict the defendant. The reasonable doubt which entitles an accused to an acquittal is not a mere fanciful, vague, conjectural, or speculative doubt, but a reasonably substantial doubt arising from the evidence and remaining after a careful consideration of the testimony such as reasonable, fair-minded and conscientious men and women would entertain under all of the circumstances. . . .”

   1 later decision quote this exact passage
   e.g. 371 So. 2d 947 - Dillard v. State