396 So. 2d 1298 - State v. Provo’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Each coconspirator is deemed to assent to or to commend whatever is said or done in furtherance of the common enterprise, and it is therefore of no moment that such act was done or such declaration was made out of the presence of the conspirator sought to be bound thereby, or whether the conspirator doing such act or making such a declaration be or be not on trial with his codefendant. But to have this effect a prima facie case of conspiracy must have been established.”

   1 later decision quote this exact passage
   e.g. 530 So. 2d 579 - State v. Carr

2. “Res gestae are events speaking for themselves under the immediate pressure of the occurrence, through the instructive, impulsive and spontaneous words and acts of the participants, and not the words of the participants when narrating the events. What forms any part of the res gestae is always admissible in evidence.”

   1 later decision quote this exact passage
   e.g. 530 So. 2d 579 - State v. Carr

3. “To constitute res gestae the circumstances and declarations must be necessary incidents of the criminal act, or immediate concomitants of it, or form in conjunction with it one continuous transaction.”

   1 later decision quote this exact passage
   e.g. 530 So. 2d 579 - State v. Carr