Elswick v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “You are instructed that where a certain kind of culpability is required to make an act an offense, such as in the charge preferred [sic] against the defendant, it is not always possible to prove a purpose by direct evidence, for purposes and intent are subjective facts. That is, they exist within the mind of man, and since you cannot delve into a person’s mind and determine his purpose and intent, you may look to all the surrounding circumstances, including what was said and done in relation thereto. You may, however, infer that every person intends the natural and probable consequences of his voluntary acts, unless the circumstances are such to indicate the absence of such intent. When an unlawful act, however, is proved to be knowingly done, no further proof is needed on the part of the State in the absence of justifying or excusing facts.”

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