398 So. 2d 229 - Clark v. State’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. “Deceased was lying in road at the scene of the tragedy, and two witnesses for the State testified he said to them, `They hit me with the binders, they pushed me off the truck.' Neither witness claimed that deceased made any statement indicating on his part that he knew or believed death was then and there imminent and impending. One witness said that he, himself, knew it and that the dying man should have known it. That is not the test. The true test is that `at the time the declaration was made, the deceased believed that he was going to die and had no hope whatever of recovery, and must be made under the realization and solemn sense of impending death.' Syllabus McNeal v. State, 115 Miss. 678 , 76 So. 625 .”

   2 later decisions quote this exact passage
   e.g. 492 So. 2d 1281 - Watts v. State · 413 So. 2d 734 - Fuson v. State

2. “knowledge of impending death may be inferred from the nature and extent of the wound inflicted upon the victim.”

   1 later decision quote this exact passage
   e.g. 492 So. 2d 1281 - Watts v. State