Walker v. State’s Empirical Analysis
1969
Citation profile
2 federal appellate · 54 state decisions
How this case has been cited
Cited by 56 later decisions — most recently April 2014 · most notably Brown v. State (1971), State Ex Rel. Sonner v. Shearin (1974)
2 federal appellate · 54 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 Allaben v. State · Seefurth v. State · Hall v. State · East v. State · 111 Tex. Crim. 111 - Vyvial 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Article 45, V.A.P.C., provides ‘The intention to commit an offense is presumed whenever the means used is such as would ordinarily result in the commission of the forbidden act.’ “ ‘The intent of the defendant may always be ascertained or inferred from the means used and the wounds inflicted by him.’ 4 Branch’s Anno.P.C., 2d ed., Sec. 2190, pp. 535-536. “Further, the trier of the facts may infer intent to kill from any facts in evidence which to his mind prove existence of such intent to kill, as from use of a deadly weapon. Hall v. State, Tex.Cr.App., 418 S.W.2d 810 . See also Sadler v. State, Tex.Cr.App., 364 S.W.2d 234 (intent to kill is either presumed or established by facts in murder prosecution). “ ‘It is well settled that when the weapon used in effecting an unlawful killing is a deadly weapon, per se, the intent to kill is presumed as a matter of law.’ Baylor v. State, 151 Tex.Cr.R. 365 , 208 S.W.2d 558 . See also 20 Texas Digest, Homicide, ®=,145.””
1 later decision quote this exact passagee.g. Palafox v. State““ ‘If deceased was suffering from a disease of a wound and defendant’s shot or blows hastened the death ... defendant would be responsible for the death. An accused cannot speculate as to how long his victim may live with an incurable disease or mortal wound when he inflicts a wound that hastens the death or the action of the fatal disease.’ ” (quoting from 4 Branch’s Ann.P.C. 2d Sec. 2025)”
1 later decision quote this exact passagee.g. Thompson v. State“Many ... admonitory or cautionary instructions are customarily used by criminal trial judges at the time of the voir dire examination of the jury panel and at various intervals of a trial to guard against jury misconduct. The giving of such instructions is largely within the discretion of the court....”
1 later decision quote this exact passagee.g. Johnson 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.