Moore v. State’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily the test on appeal is whether there was evidence from which the jury (advised of the restrictions which the law places upon them in condemning one on circumstantial evidence) might reason ably conclude that every reasonable hypothesis other than guilt was excluded. “ ‘In criminal cases, a judgment of conviction, to be sustained on appeal, must be supported by evidence that produces a moral certainty of the guilt of the accused to the exclusion of every reasonable doubt. The evidence will be insufficient to sustain the conviction where, although not leaving the accused free from suspicion of guilt, it still fails to show his guilt to a moral certainty, so as to exclude all reasonable doubt. “ ‘In ascertaining whether the guilt of the accused has been established to a moral certainty, the appellate court will review the evidence in light of the presumption that the accused is innocent. The Court will not presume any acts against the accused that are not shown to have been committed by him. Furthermore, a conviction will not be sustained on appeal if the evidence does not sufficiently establish all material elements of the offense charged.’ 24 Tex.Jur.2d, Evidence, Sec. 742, p. 422.””

   2 later decisions quote this exact passage
   e.g. Freeman v. State · Coleman v. State

2. “In determining whether circumstantial evidence is sufficient to support a conviction, each case must necessarily be tested by its own facts. (Citing case.) Ordinarily, the test on appeal is whether there was evidence from which the jurors (advised of the restrictions the law places upon them in condemning one on circumstantial evidence) might reasonably conclude that every reasonable hypothesis other than guilt was excluded.... Mere presence in the vicinity of a crime, even when coupled with flight, is not alone sufficient to sustain a conviction.”

   2 later decisions quote this exact passage
   e.g. Lewis v. State · Earvin v. State

3. ““Further, the rule is that an offense should be charged in plain and intelligible words with such certainty as to enable the accused to know what he will be called upon to defend against and to enable him to plead the judgment that may be given on it in bar of any further prosecution for the same offense ...””

   2 later decisions quote this exact passage
   e.g. Labelle v. State · Swabado v. State