Stillman E. Wilbur, Jr. v. Garrell S. Mullaney’s Empirical Analysis
473 F.2d 943 · 1973
Citation profile
10 federal appellate · 3 district · 10 state decisions
Relationships
Relies on In the Matter of Samuel Winship · United States v. Tucker · Leary v. United States · Turner v. United States · Bollenbach v. United States
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In all cases where the unlawful killing is proved beyond a reasonable doubt, and where there is nothing in the circumstances of the case to explain, qualify or palliate the action, the law presumes it to have been done with malice aforethought. And if the accused, that is the defendant, would reduce the crime below the degree of murder, the burden is upon him to rebut the inference which the law raises from the act of killing, by evidence in defense_ It means that from all the evidence in the case he must be able to satisfy you by a fair preponderance of the evidence that ... although he killed and although he killed unlawfully, if such is the case, he killed in the heat of passion upon sudden provocation.””
3 later decisions quote this exact passage“[T]he State [has] the burden of proving every element of the crime charged and the accused guilty beyond a reasonable doubt. There is no shifting of this burden, as it remains upon the State throughout the whole trial. The accused is not required to prove his innocence.... The Court instructs the jury that the supreme law of the land presumes every person charged with crime to be innocent until the State has established his guilt by evidence so strong, so clear and so conclusive that there is left in your minds no reasonable doubt as to his guilt. This presumption is an abiding presumption and goes with the defendant throughout the entire case and applies at every stage thereof. And in this connection, you are instructed that it is never sufficient that the defendant, upon speculative theory or conjecture, may be guilty; or that by the preponderance of the testimony, his guilt is more probable than his innocence; for until his guilt has been proved beyond all reasonable doubt as charged in the indictment, the presumption of innocence still applies and you must acquit him.”
1 later decision quote this exact passage““Lest there remain any doubt about the constitutional stature of the reasonable-doubt standard, we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.””
1 later decision quote this exact passage
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.