403 So. 2d 8 - State v. MacK’s Empirical Analysis

Citation profile

37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A. In all cases the court shall charge the jury that: (1) A person accused of crime is presumed by law to be innocent until each element of the crime, necessary to constitute his guilt, is proven beyond a reasonable doubt; (2) It is the duty of the jury, in considering the evidence and in applying to that evidence the law as given by the court, to give the defendant the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence in the case; and (3) It is the duty of the jury if not convinced of the guilt of a defendant beyond a reasonable doubt, to find him not guilty. The court may, but is not required to define "the presumption of innocence" or "reasonable doubt" or give any other or further charge upon the same than that contained in this article."”

   4 later decisions quote this exact passage
   e.g. State v. Washington · State v. Banta

2. “"A correct understanding of reasonable doubt is essential in every criminal jury trial. A vital part of that definition is the statutory formulation of C.Cr.P. 804 —reasonable doubt may arise out of the lack of evidence in the case. This concept is best explained by the exact wording of the statute. Its essential ingredients are not supplied by jury instructions which merely hint at the idea embodied in the statute. In Henderson we stated that a reading of the exact language of C.Cr.P. 804 would have been preferable; today we hold such a reading to be mandatory."”

   3 later decisions quote this exact passage
   e.g. State v. Cage · 450 So. 2d 938 - State v. Vessell

3. ““The burden is therefore upon the State to establish to your satisfaction and beyond a reasonable doubt the guilt of the defendant as to the crime charged in the bill of indictment or any lesser responsive verdict in it. If you entertain any reasonable doubt as to any fact or element necessary to constitute the defendant’s guilt, then it is your sworn duty to give him the benefit of that doubt and return a verdict of acquittal. This doubt must be a reasonable one that is one found upon a real, tangible, substantial basis and not upon mere caprice, fancy, or conjecture. It must be such a doubt that would give rise to a great uncertainty raised in your minds by reasons of the unsatisfactory character of the evidence. It must be one that would make you feel morally uncertain as to the defendant’s guilt. If after giving a fair and impartial consideration to all the facts in the case you find the evidence unsatisfactory upon any single point indispensably necessary to constitute the defendant’s guilt, this would give rise to such a reasonable doubt as would justify your rendering a verdict of not guilty. However, you are prohibited by law and your oath from going beyond the evidence to seek doubts upon which to acquit the defendant. You must confine yourself strictly to a dispassionate consideration of the evidence presented upon the trial. You must not resort to extraneous facts or circumstance in reaching your verdict.””

   2 later decisions quote this exact passage
   e.g. State v. Sam · 410 So. 2d 754 - State v. McDaniel