4 Tenn. Crim. App. 710 - McGill v. State’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A guilty verdict by the jury, approved by the trial judge, accredits the testimony of the witnesses for the State and resolves all conflicts in favor of’the theory of the State. Such a verdict removes the presumption of the innocence of the accused which stands as a witness for him until he is convicted, and raises a presumption of his guilt upon appeal, and he has the burden upon appeal of showing that the evidence preponderates against the verdict and in favor of his innocence. Gulley v. State, 219 Tenn. 114 , 407 S.W.2d 186 ; Jamison v. State, 220 Tenn. 280 , 416 S.W.2d 768 ; Webster v. State, Tenn.Cr.App., 425 S.W.2d 799 ; Brown v. State, Tenn.Cr.App., 441 S.W. 2d 485 ; Palmer v. State, Tenn.Cr.App., 435 S.W.2d 128 ; Morelock v. State, Tenn.Cr.App., 460 S.W.2d 861 .” McGill v. State, Tenn.Cr.App., 475 S.W.2d 223 .”

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

2. ““To support a verdict finding an accused guilty of first degree murder there must, therefore, be an evidentiary basis for a conclusion that the killing was willful, malicious, premeditated and deliberate, unless it was accomplished by poison or by lying in wait or in the perpetration of or attempt to perpetrate one of the felonies named in the defining statute (T.C.A. sec. 39-2402), . . . “Whether premeditation is present in a given case is a question of fact to be determined by the jury from all the circumstances in evidence. Clarke v. State, [ 218 Tenn. 259 , 402 S.W.2d 863 ] supra. The elements of premeditation and delib eration may be inferred from the circumstances of the killing. Edwards v. State, 221 Tenn. 60 , 424 S.W.2d 783 (1968); Tooley v. State, 1 Tenn.Crim.App. 652 , 448 S.W.2d 683 (1969).””

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

3. ““To excuse a homicide on the ground of self-defense, the danger to life, or of great bodily harm, must be either real, or honestly believed to be so, at the time of the killing, and such belief of danger must be founded on reasonable grounds. There must not only be sufficient cause to authorize the fear of death or great bodily harm, but such fear must be really entertained, and the killing done under an honest and well-founded belief that it is absolutely necessary in self-defense.” McGill v. State, Tenn.Cr.App., 475 S.W. 2d 223 (1972)”

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