State v. Hix’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear in Tennessee that when a defendant is indicted for a felony that includes a misdemeanor and is acquitted of the felony but convicted of the misdemeanor, he is entitled to a discharge if the offense was committed more than one year prior to the finding of the in-dictment_ This sound reasoning applies where the lesser included offense is a felony, and the statute has run. In the present case, the trial judge did not find that the evidence warranted a conviction of the greater offense. We agree with the trial court that the evidence was only sufficient to sustain a conviction of the lesser included offense. The appellant cannot be said to have waived the pleading of the statute of limitations issue. The court had not ruled until after all of the proof that appellant had committed the lesser included offense. Since the offense is outside the four-year period, we reverse and dismiss the judgment of the trial court as to count one_ (Citations omitted).”

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