State v. Dewey’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Of course, it is not essential that the intent and malice be shown by direct evidence. They may be presumed from the fact of the hilling, where no attendant and explanatory facts and circumstances are shown; and where the attendant facts and circumstances of the hilling are shown, they may be inferred as inferences of fact. There is abundant authority for holding that where the hilling is proved, and no accompanying circumstances appear in evidence, the law presumes that the hilling was done maliciously. But the law in this country is also about as well settled that, where the attendant facts and circumstances of the hilling ‘are shown in evidence, whether on the part of the prosecution or the accused, the character of the hilling is to be determined by considering them, and it is then not a matter for presumption which operates in the absence of explanatory evidence, but for determination from the circumstances shown in evidence.’ 21 Cyc. 875-880, and cases therein cited.””

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