38 Tex. Crim. 261 - Tate v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As stated above, the statute is plain in its terms, and it does not stop to* estimate the question of injury ; it inhibits the failure of the defendant to testify from being used as a circumstance against him; and this court has often reversed cases where this matter was discussed by counsel for the state before the jury."”

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

2. ““We are left in the dark as to the extent of the discussion of this matter in the jury room, nor are we informed that it had any particular effect as against the defendant; but we are constrained to believe that, as the matter appears from the record in this case, it must have been used to his detriment.””

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

3. ““Any defendant in a criminal action shall be permitted to testify in his own*behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented upon by counsel in the cause." (Code Crim. Proc., art. 770.)”

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