Roy v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law prescribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.”

   5 later decisions quote this exact passage
   e.g. Cyr v. State · Thomas v. State

2. ““The third condition makes the defense of necessity unavailable if a legislative purpose to exclude it is expressed elsewhere in the law. Practice Commentary, § 9.22. We find such purpose to be expressed in V.T.C.A., Penal Code, § 46.02, which seeks to prohibit carrying deadly weapons. The Legislature has not deprived citizens of the right to bear arms; rather, § 46.02 is an attempt to insure that certain types of weapons readily capable of and specifically designed for inflicting serious injury are removed from the public domain. To allow any person to carry a weapon prohibited under § 46.02 anytime he felt he was in a ‘high crime’ area would openly thwart the purpose of the statute. “For these reasons, we hold that appellant’s proffered evidence did not raise a fact issue entitling him to the defense of necessity and that the trial court committed no error in excluding it. Cf. Worton v. State, 492 S.W.2d 519 (Tex.Cr.App.1973), with Garcia v. State, 528 S.W.2d 604 (Tex.Cr.App.1975).””

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

3. “The place of business contemplated by the law ... has reference to a particular locality, appropriated exclusively to a local business, such as the farm, the store, the shop, or dwelling place, and the business ... as is usually carried on upon the farm, in the store or shop, or other appropriated local place.... [T]he public roads, can in no proper sense be termed any man’s place of business, since he has no right to an exclusive appropriation .... [If “premises” could include a moving vehicle controlled by a person in “his regular course of business,” every person could then argue justification for bearing arms] ... for he could always claim to be at his own business ...; and even he who makes it a business to appropriate other people’s property to his own use might claim the right to bear arms to protect that business....”

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