McCarty v. Purser’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In view of the fact that the defendant himself testified unequivocally that he was not drunk and was not ‘tight’, and since no other witness testified that he was drunk, ‘tight’ or under the influence of an intoxicating beverage, the only evidence bearing directly upon the question of whether he was, or was not, under the influence of an intoxicating beverage was the admission that he had had at least three, and not more than four, beers between the start of the trip to Odessa . and the point 23 miles south of Ozona where the accident occurred. We think such evidence, standing alone as it does here, without other evidence tending to show that the defendant . . . did not have the normal use of his mental and physical faculties by reason of the use of an intoxicating beverage, is insufficient to support the jury findings [that defendant was driving his automobile while under the influence of an intoxicating beverage] . . . .””

   1 later decision quote this exact passage
   e.g. Dorman v. Langlinais

2. ““The mere fact that someone has been drinking is not sufficient to support a finding that a person has been driving while intoxicated.””

   1 later decision quote this exact passage
   e.g. Dorman v. Langlinais