Hunt v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Be all this as it may, it clearly appears to us and there is ample evidence in the record that this was a mutual combat after it got started.” * sfe * ⅛ ⅜ * "[1,2] To say the most on behalf of the State’s evidence the deceased and his brother were the originators of this fight and attack. If we take the State’s theory of it the defendant was in the house at the time these two men came after him and he voluntarily came out and entered into a mutual combat. The jury and trial judge at least believed this and we find no reason to disbelieve it.” “Under such a situation as this the homicide is voluntary manslaughter and not second degree murder. Our statute, Section 39-2409, T.C.A., defines manslaughter thus : ‘Manslaughter is the unlawful killing of another without malice, either express or implied, which may be either voluntary upon a sudden heat, or involuntary, but in the commission of some unlawful act.’ “Clearly the authorities support the proposition at common law a killing ensuing from a sudden transportation of passion or heat of blood, as in a fight or sudden combat, is manslaughter. State v. Durham, 201 N.C. 724 , 161 S.E. 398 .” “It is said in 40 C.J.S. Homicide § 48, Subsec. b, p. 912, that: ‘A homicide resulting from mutual combat or the excitement and heat of passion arising therefrom is voluntary manslaughter. There must be a mutual intention to fight, and, it has been held, deadly or dangerous weapons must be used.’ “In support of this statement from the text of”

   2 later decisions quote this exact passage · from the majority
   e.g. Cooper v. State · Mosley v. State