427 So. 2d 701 - Erving v. State’s Empirical Analysis
1983
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently June 2017
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Commonwealth v. Costley · 278 So. 2d 384 - Glass v. State · 302 So. 2d 250 - Spikes v. State · 407 So. 2d 95 - Sadler v. State · 228 So. 2d 599 - Murphree v. State
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.
“INSTRUCTION S-2 The Defendant, Jimmy L. Lancaster, has been charged by an indictment with the crime of capital murder for having caused the death of Robert Kirby, knowing Robert Kirby was a Deputy Sheriff of Chickasaw County, Mississippi, acting in the line of duty. If you find from the evidence in this case beyond a reasonable doubt that the deceased, Robert Kirby, was a peace officer acting in his official capacity, by attempting to serve an arrest warrant on the Defendant, Jimmy L. Lancaster, and that the defendant knew the deceased was a peace officer and that the Defendant, Jimmy L. Lancaster, did wilfully, without authority of law, and with his deliberate design kill Robert Kirby, a living person, by shooting him and killing him, then you shall find the defendant Jimmy L. Lancaster, guilty of capital murder. In which event the form of your verdict shall be, to-wit: "We, the Jury, find the Defendant Jimmy L. Lancaster guilty of capital murder." writing your verdict on a separate sheet of paper furnished you by the court for that purpose. INSTRUCTION S-4 The Court instructs the jury that murder is defined by the law of the State of Mississippi as the killing of a human being without authority of law by any means or in any manner, when done with the deliberate design to effect the death of the person killed. You are further instructed that murder becomes, and is, capital murder when it is perpetrated by killing a peace officer while such officer is acting in his official c”
1 later decision quote this exact passage“[W]e are required to consider the evidence in the light most favorable to the state and accept as true the evidence supporting, or tending to support, the verdict, with all inferences supportive of the verdict that reasonably may be drawn therefrom... . [cites omitted].”
1 later decision quote this exact passagee.g. Evans v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.