65 So. 2d 307 - Davis v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Chapter 902, F.S.A., relates to preliminary examinations in criminal cases. It is interesting to note that the Chapter makes no direct provision for the use of such evidence in a criminal trial, except in two instances. The first is, 902.12, that if the defendant testifies, and if he signs his deposition it may be used against him at the trial, and the second is that, in the case of depositions taken under Section 902.17, F.S.A. of a witness who does not give security, that such deposition may be used in the trial by the defendant. The statute prohibits its use by the State ‘unless the defendant consents thereto.’ This chapter clearly negatives the idea that — even if such evidence would be admissible in view of the provisions of the Constitution above quoted — the Legislature ever intended that evidence at a preliminary hearing could be used in the trial of a defendant on an information based upon the evidence so adduced.””

   1 later decision quote this exact passage
   e.g. 254 So. 2d 838 - James v. State

2. ““ ‘This court cannot look into the minds of the jury and determine to what extent such testimony induced the verdict. Nor can we say that it had no effect and was harmless.’ ””

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

3. ““The magistrate conducting the preliminary hearing must be an officer not empowered to try and determine the offense. Section 902.01, F.S.A.” (Emphasis supplied.)”

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