Ex Parte Pousson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... In Lucero v. State, 502 S.W.2d 750 (Tex.Cr.App.1973), we held that the use of the word ‘attempt’ instead of ‘intent’ did not vitiate the indictment. There, the indictment charged that the defendant ‘did ... attempt to fraudulently take from the person and possession of the said complainant the personal property of the said complainant with the intent then and there to appropriate said property.. .. “In Telfair v. State, 565 S.W.2d 522 (Tex.Cr.App.1978), the indictment stated that the defendant “ ‘... did then and there intentionally and knowingly attempt to cause the death of [the complainants] by shooting them with a gun.’ “We held that the word ‘attempt’ included the word ‘intent’ because the former has a more comprehensive meaning. Attempt ‘implies an intent and an actual effort to carry out or consummate the intent or purpose.’ Dovalina v. State, 564 S.W.2d 378 (Tex.Cr.App.1978), and cases cited therein.... ””

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

2. “Before you would be warranted in finding the defendant guilty of attempted capital murder, you must find from the evidence beyond a reasonable doubt that: (1) The defendant with intent to commit capital murder, attempted to cause the death of R.E. MAGEE, by intentionally shooting a gun in the direction of the said R.E. Magee, and (2) That at the time of the shooting, if any, the said R.E. MAGEE was then and there a peace officer, and (3) That the defendant then and there knew at the very time of the shooting, if any, that R.E. MAGEE, was a peace officer, and (4) That R.E. MAGEE, at the time of the shooting, if any, was acting in the lawful discharge of an official duty.”

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