7 Utah 2d 108 - State v. Kirkham’s Empirical Analysis

Citation profile

4 federal appellate · 16 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Neither uncertainty nor confusion appears in such language. It tells the veniremen they cannot convict if they believe defendant was insane to such extent that he did not know his act was condemned morally; and it tells them that they cannot convict if they believe he was insane to the point where he did not know his act was condemned by law. * * * "We consider that the instruction containing the disjunctive told the jury they could not convict defendant if they believed that because of mental disease he did not know his act was wrong morally, even though they believed he knew full well that his act was prohibited by law. We also consider that the instruction as given told the jury that they could not convict defendant if they believed that because of mental disease he did not know his act was legally wrong, even though they believed that he knew full well that his act was wrong morally. * * * "* * * The instruction as given made it possible for the jury to acquit defendant for either of two reasons, * * *." See also State v. Gardner, 219 S.C. 97 , 64 S.E.2d 130 .”

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

2. “that, when he fired the shot, he did not know it was wrong in the sense that such act was condemned by morals or law.”

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