Shaw v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Now if you find from the evidence beyond a reasonable doubt that on or about the 4th day of March, 1976, in Falls County, Texas, the defendant, Ace Whitlow, did enter a building not then open to the public, occupied, controlled, and in the possession of Frank Lacina, hereinafter called the owner, without the effective consent of the owner, with the intent then and there to commit the offense of theft of personal property therein being, then you will find the defendant guilty as charged.” [Emphasis added.]”

   3 later decisions quote this exact passage
   e.g. Moring v. State · Whitlow v. State

2. “It is fundamental that a conviction for an offense cannot stand unless the charge authorized the jury to find a defendant guilty only for conduct constituting that offense (Venzor v. State, 162 Tex.Cr.R. 175 , 283 S.W.2d 397 ); the indictment alleged such conduct (Venzor v. State, supra; 31 Tex. Jur.2d, Sec. 69 at 596); and the evidence at trial showed such conduct (Powell v. State, 60 Tex.Cr.R. 201 , 131 S.W. 590 ; 5 Branch’s Ann.P.C. (2d ed.), Sec. 2603 at 32). . . . Id. at 6.”

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

3. ““(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony or theft; or “(2) remains concealed, with intent to commit a felony or theft, in a building or habitation; or “(3) enters a building or habitation and commits or attempts to commit a felony or theft.””

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