Cameron v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Now bearing in mind the foregoing instructions, if you find and believe from the evidence in this case beyond a reasonable doubt, that the Defendant, EARL D. WAGNER, did, in Hidalgo County, Texas, on or about the 12th day of April, 1973, obtain possession of Six Thousand Seven Hundred Fifty and No/100 ($6,750.00) Dollars in money from Ovidio Gutierrez Martinez by representing to the said Ovidio Gutierrez Martinez that he would deliver to the said Ovidio Gutierrez Martinez three fully equipped silos between the 15th and the 30th day of May, 1973; and if you further find and believe from the evidence beyond a reasonable doubt that said representations, if any, of the said EARL D. WAGNER were fraudulent and false, and that he knew that said representations were fraudulent and false at the time he made them and at that time the said Earl D. Wagner knew that in truth and in fact he could not perform any of such acts he represented he could, and that the said Earl D. Wagner knew at the time that such representations were fraudulent and false, and that as a result of said representations so made, if they were made, the said defendant acquired from the said OVIDIO GUTIERREZ MARTINEZ the said corporeal personal property; and if you further find from the evidence beyond a reasonable doubt that said representations, if any, of the said defendant to the said Ovidio Gutierrez Martinez were made with the intent to deprive the said Ovidio Gutierrez Martinez of said personal property and th”

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

2. ““Under either statute, Art. 1410 or 1413, supra, to constitute theft the original taking must be wrongful and fraudulent. In the early cases of Smith v. State, 35 Tex. 738, 739 , and Maddox v. State, 41 Tex. 205 , it was held that ordinary theft and theft by false pretext were not different offenses but only different in the facts and circumstances surrounding the taking, which need not be averred in the indictment. We adhere to the holding that such facts and circumstances are evi-dentiary matters which need not be al leged(Emphasis supplied.)”

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

3. ““The taking must be wrongful, so that if the property came into possession of the person accused of theft by lawful means, the subsequent appropriation is not theft, but if the taking, though originally lawful, was obtained by any false pretext, or with any intent to deprive the owner of the value thereof, and appropriate the property to the use and benefit of the person taking, and the same is so appropriated, the offense of theft is complete.” (Emphasis Supplied)”

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