43 Tex. Crim. 442 - Beason v. State’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule is this: That it is only necessary where the main fact, or, as one case puts it, `where the gravamen of the offense,' or, as another case has it, `where the act of the crime,' rests solely upon circumstantial evidence, that then it becomes a case known as a case of circumstantial evidence requiring a charge upon that. In the Buntain case, [ Buntain v. State ], 15 Tex.Crim. App.[Tex.App.] 515, Judge White used the following language: `If a court were required to charge the law of circumstantial evidence in all cases where reliance was had upon circumstances to establish any particular fact, then, indeed, there would be but few, if any, cases in which such a charge would not be required; but such is not the rule. A charge upon circumstantial evidence is only required when the evidence of the main facts essential to guilt is purely and entirely circumstantial.'”

   1 later decision quote this exact passage
   e.g. 749 So. 2d 1188 - Price v. State

2. “We are aware of the rule, and we adhere to the same, that when the main fact constituting the gravamen of the offense is proved by direct testimony, and the intent merely with which the act was done is proven by circumstantial evidence, a charge on circumstantial evidence will not be absolutely necessary.”

   1 later decision quote this exact passage
   e.g. 749 So. 2d 1188 - Price v. State