Moore v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While the court has instructed you relative to the fact that premeditation and deliberation do not require any particular or specified length of time, still it is proper that I should further define to you the meaning of ‘premeditation’ and ‘deliberation.’ “The adjective ‘deliberate’ means ‘formed, arrived at, or determined upon as a result of careful thought and weighing of considerations; as a deliberate judgment or plan; carried on coolly and steadily, especially according to a preconceived design; * * * Given to weighing facts and arguments with a view to a choice or decision; careful in considering the consequences of a step; * * * unhurried; * * * Characterised by reflection; dispassionate; not rash,’ * * * The word is an antonym of 'hasty, impetuous, rash, impulsive.’ * * * It has been judicially declared that ‘Deliberation means careful consideration and examination of the reasons for and against a choice or mea sure/ * * * The verb ‘premeditate’ means ‘To think on, and revolve in the mind, beforehand; to contrive and design previously.’ * * * “Unless there was such deliberation and premeditation, in no event could the defendant be found guilty of murder in the first degree. Any homicide which is the result of mere unconsidered or rash impulse hastily executed, is not murder in the first degree.” (Emphasis supplied.)”

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

2. ““Murder is the unlawful killing of a human being with malice. “The thing that distinguishes murder from all other killings, is malice. There are two kinds of malice. A person has one kind of malice when he deliberately intends to kill. If you determine that the defendant used a deadly weapon in the killing, you may find malice. If you determine that the defendant has no considerable provocation for that killing, you may find malice. “There is also a second kind of malice. A person has this kind of malice if he shows a reckless disregard for human life. “Once you have determined that there is malice, you must determine whether murder was in the first or second degree. First degree murder is murder which is the result of premeditation. ‘Premeditation’ means ‘decided in the mind beforehand.’ It does not matter how quickly or slowly the decision to kill is followed by the act of killing.””

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

3. ““To constitute murder of the first degree the killing, as I say, must be accompanied by a clear, deliberate intent to take life. The intent to kill must be the result of deliberate premeditation and formed upon a preexisting reflection and not upon a sudden heat of passion to preclude the idea of deliberation. There need be, however, no appreciable space of time between the intention to kill and the act of killing. They may be as instantaneous as successive thoughts of the mind. It is only necessary that the act of killing be preceded by and be the result of a concurrence of will, deliberation and premeditation on the part of the slayer. And if such is the case the killing is murder of the first degree, no matter how rapidly these acts of mind may succeed each other or how quickly they may be followed by the act of killing.””

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