589 So. 2d 637 - Day v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court instructs the jury that the killing of any human being shall be excusable when committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation. In this case if you shall find from the evidence, or have a reasonable doubt therefrom, that Alvin Thomas in the heat of passion, upon a sudden and sufficient provocation by William Poe, fired a weapon and said weapon accidentally and/or through misfortune killed William Poe, it is your sworn duty to acquit Alvin Thomas.”

   2 later decisions quote this exact passage
   e.g. Thomas v. State · McTiller v. State

2. “Day offered the testimony to demonstrate the relationship between himself and Johnson, and to explain why their personal relationship would have caused him to panic or act irrationally at the time of the shooting.”

   2 later decisions quote this exact passage
   e.g. McGilberry v. State · 607 So. 2d 1107 - Russell v. State

3. “evidence of prior acts offered as having a bearing on the accused's state of mind, [is] an essential factor in determining whether a homicide is manslaughter or murder.”

   2 later decisions quote this exact passage
   e.g. Green v. State · 607 So. 2d 1107 - Russell v. State