State v. Inman’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The question to be determined is whether or not the facts bring the case within the rule to the effect that the defendant was in such `terror' that it constituted `heat of passion' as defined in State v. Kidd, [supra] and followed in other cases, the last being State v. Simpson, [supra]. The defendant relies upon State v. Hunt, 30 N.M. 273 , 231 P. 703 , maintaining that the facts in the case at bar are similar to those in the Hunt Case, where we held that `It is error, requiring reversal, to submit * * * a degree of unlawful homicide not within the proofs, and over the objection of the defendant.' "It is also pointed out that under all the authorities three weeks is a sufficient `cooling time' and that the evidence supports the theory that the defendant at the time of the homicide displayed the utmost coolness and deliberation. It is true that no time was wasted after the defendant arrived at the scene of the homicide, but he testified that he shot to save his own life... . This plea of self-defense was based upon the immediate danger. "... [T]he rule in the Simpson Case is controlling in the case at bar. The defendant's able counsel strenuously argue that the Hunt Case, as well as the weight of authority in other jurisdictions, is contrary to this rule. The rule was adopted after thorough consideration and we see no reason to depart from it now... ."”

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