Terry v. Commonwealth’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. Although the jury may believe from the evidence beyond a reasonable doubt that the defendant shot and killed the deceased, O. J. Weldon, yet if they further believe from the evidence that at the time of the killing the defendant was of unsound mind, then they should acquit him. “2. The law presumes every man sane until the contrary is shown by the evidence. Before the defendant can be excused on the ground of insanity the jury must believe from the evidence that at the time of the killing, the defendant, as a result of mental disease or defect, (a) did not have substantial capacity to appreciate the criminal nature of the act, or, if he did have such capacity, (b) did not have substantial capacity to conform his conduct to the requirements of the law.””

   1 later decision quote this exact passage
   e.g. Graham v. Commonwealth

2. ““The law presumes every man sane until the contrary is shown by the evidence; and, before the defendant can be excused on the ground of insanity, the Jury must believe from the evidence that the defendant was at the time of the killing without sufficient reason to know what he was doing, or had not sufficient reason to know right from wrong, or that, as a result of mental unsoundness, he had not then sufficient will power to govern his actions, by reason of some insane impulse which he could not resist or control.””

   1 later decision quote this exact passage
   e.g. Cooley v. Commonwealth