Phillips v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Venue in a criminal case is not an element of the offense charged and need not be established by evidence beyond a reasonable doubt. Curtis v. State, 167 Tex.Cr.R. 536 , 321 S.W.2d 587 ; King v. State, 166 Tex.Cr.R. 231 , 312 S.W.2d 501 ; 24 Tex.Jur.2d 418, Evidence—Section 740, and cases cited under Note 3. “Under the express provisions of Art. 13.22 Vernon’s Ann.C.C.P., rape- may be prosecuted in the county in which it is committed, and when (as in Harris County) the judicial district comprises only one county, prosecution may be commenced and carried on in that county, if the offense be committed there, or in any adjoining county. “Further, Art. 13.25 V.A.C.C.P. relating to proof of venue provides: ‘In all cases mentioned in this Chapter, the indictment or information, or any proceeding in the case, may allege that the offense was committed in the county where the prosecution is carried on. To sustain the allegation of venue, it shall only be necessary to prove that by reason of the facts in the case, the county where such prosecution is carried on has jurisdiction.’ “In view of the rules stated, proof by a preponderance of the evidence that the rape was committed in Harris County, or in an adjoining county, would be sufficient proof of venue.””

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