Lipscomb v. State’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Mr. Miller (attorney for the plaintiffs): We desire to submit this matter to the court out of the presence of the Jury. (Jury sent out of court.) Q. Now, if Charley made any statement to you at that time, tell the court what he said. A. Well, he told me he was going to die; that he had been dead; and that the good Lord had sent him back to tell me that Dr. Lipscomb had killed him with a capsule he had given him that night; and that Guy Jack had his life insured, and that he had hired Dr. Lipscomb to kill him. (Plaintiff objects to the statement of the witness: (l) ’That he was going to die,’ and separately to that part (2) ‘that he had been dead,’ and (3) ‘that the good Lord had. sent him back to tell me that Dr. Lipscomb bad killed him with a capsule he had given him that night’; (4) ‘that Guy Jack had Ms life insured, etc.’; and (5) plaintiff objects to the entire statement, as a whole, making each of said objections separately and ¡severally, upon the ground that said statement, and the separate parts objected to. are each irrelevant, immaterial, and incompetent.) Tlie Court: I am going to sustain the objection \o this part: ‘That he had been dead, and the good Lord had sent him hack to tell me:’ and will not permit it to go before the jury. The other, taken in connection wiili all of the facts in the caso, * * * I will overrule the objection to, arid the jury will consider it, subject to the instructions of the court. (Plaintiff excepted separately. 'File jury were retur”

   1 later decision quote this exact passage · from the majority
   e.g. Jack v. Mutual Reserve Fund Life Ass'n

2. ““Of necessity such applications, based upon the physical' or mental condition of the party indicted for crime, must, even more largely than ordinary applications for the postponement of trials, rest in the discretion of the trial judge; he has the person of the accused before him, and the very appearance of the party may be considered by him in reaching a just conclusion. Were this otherwise, the guilty would be afforded opportunity to defeat a trial by feigning sickness.””

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

3. “After the first trial of the accused, and before the one now under review, a material State's witness died. Upon the last trial the State was permitted to prove what the deceased witness had testified on the former trial, after ample preliminary proof of his death, identity, etc. This was not error. While the exact question here presented was not then before the court, the correct rule on the subject was announced in Owens v. State, 63 Miss. 450 .”

   1 later decision quote this exact passage · from the majority
   e.g. 255 So. 2d 916 - Davis v. State