53 Md. App. 285 - Brooks v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The burden of proof in this case, as in all criminal cases, rests upon the State. Here the State has a different and greater burden than does the Plaintiff in a civil case. In the latter, the Plaintiff must prove his case by a preponderance of evidence. In a criminal case, the State must prove every element of a crime charged beyond a reasonable doubt and to a moral certainty. Now the jury must not assume that the accused is guilty merely because he is being prosecuted and because criminal charges have been preferred against him. He comes into court presumed to be innocent, and this status remains with him throughout the trial. The plea of not guilty is all the denial of the commission of the crime that a Defendant need make. The State has the burden of proving him to be guilty by evidence which produces an abiding conviction of guilt in the minds of the jury beyond a reasonable doubt and to a moral certainty. Now this does not mean that the State has the burden of proving to a mathematical certainty that he is guilty, and that there’s no other possibility beyond the evidence than that of guilt. If the evidence is of such a character as to persuade the jury of the truth of the charges with the same force that would be sufficient to persuade a member of the jury to act on that conviction of truth in his own important business affairs, or important affairs in his own life or career, then the jury may conclude the State has met the burden of proof beyond a reasonable doubt and t”

   1 later decision quote this exact passage · from the majority
   e.g. 65 Md. App. 606 - Waddell v. State

2. “It is true rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent.”

   1 later decision quote this exact passage · from the majority
   e.g. 56 Md. App. 601 - Rhoades v. State