Alberty v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Flight of a defendant is a circumstance tending to prove guilt, and where the state offers evidence of the conduct of defendant tending to prove flight, and the defendant offers evidence in explanation of such conduct, it is proper to submit the question of flight to the jury as a matter of fact for their determination, and to instruct them that, if they find beyond a reasonable doubt that the defendant fled, it may be considered as a circumstance tending to prove guilt. (Emphasis added.) In Sprouse, 3 P.2d at 920 , we held: Where there is evidence of flight which is denied or what appears to be flight is explained, the court, if it instructs on the matter of flight should be guarded in its language and not assume the conduct of accused is a flight. (Emphasis added.)”

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