State v. Johnson’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The burden of proof venue, generally. The burden is upon the State to prove by a preponderance of the evidence that this offense was committed in Smith County, Tennessee. Proof by a preponderance of the evidence means that the greater weight of the evidence must be in support of the State’s contention. Venue of the offense lies in the county where the offense was commenced or consummated. If you find that the State has failed to prove by a preponderance of the evidence that this offense was commenced or consummated in Smith County, Tennessee then you must return a verdict of not guilty. The burden is upon the State to prove by a preponderance of the evidence which may be either direct, circumstantial, or both if the offense was committed in Smith County, Tennessee. Proof by a preponderance of the evidence means that the greater weight of the evidence must be in support of the State’s contention. Venue of the offense lies in the county where the offense was commenced or consummated. If one or mpre elements of an offense are committed in one county and one or more elements in another, the offense may be prosecuted in either county. You may infer that a murder was committed in the county where the body was found. If you find that the State has failed to prove by a preponderance of the evidence that this offense was commenced or consummated in Smith County, Tennessee then you must return a verdict of not guilty. Preponderance of the evidence simply means the greater weight of the”

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