Scarbrough v. State’s Empirical Analysis

Citation profile

9 federal appellate · 12 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In arresting for felony, a peace officer or even a private person, acting 1 without a warrant, may, if necessary, kill a felon after he resists or flees, so that he cannot otherwise be taken; but the law does not clothe an officer or private person with authority .to arbitrarily judge the necessity of killing, and such a course must be the last resort; and whether or not there was a necessity for killing, and the reasonableness of the grounds upon which the officer or the private person acted, are questions of fact for the jury. [Citations contained therein.] “ . . . the rule to be observed in a civilized state, ... is . that neither an officer nor a private person can slay to arrest the nonresisting flight of a felon if he can be otherwise taken. Killing in flight is excusable only when it is shown that the felon cannot be ultimately taken by less drastic means, and that presents a question for determination by the jury.” Scarbrough v. State, 168 Tenn. 106 , 76 S.W.2d 106, 107 (1934). See also, Love v. Bass, 145 Tenn. 522 , 238 S.W. 94 , 96 (1922).”

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Jones · 377 F. Supp. 850 - Aldridge v. Mullins