7 Smith & H. 267 - Cason v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is now well settled that, where it devolves on the court to determine the amount of punishment, either on a verdict by a jury or on a plea of guilty, evidence may be received in aggravation or mitigation of the punishment. (Citing authorities.) The reason for the admission of such evidence is to enable the court to inform himself as to the character of the accused and the circumstances of the crime, so that he may be able to exercise his discretion intelligently and pronounce a just sentence; a privilege of his in the exercise of which he doubtless should use the utmost caution. The punishment should be proportioned to the offense, and should be made to fit the crime and not the offender. On a charge of drunkenness, the accused could not be punished for some other offense.” 23 S.W.2d at 667 .”

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

2. ““It is now well settled that where it devolves on the court to determine the amount of punishment, either on the verdict by the jury or on a plea of guilty, evidence may be received in aggravation or mitigation of the punishment. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Cox v. State