Preston v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 11th day of January, 1987, in Tarrant County, Texas, the Defendant, Kenneth A. Preston, did then and there intentionally or knowingly cause the death of an individual, Betty Preston, by shooting the said Betty Preston with a firearm, or he did then and there intentionally, with the intent to cause serious bodily injury to Betty Preston, commit an act clearly dangerous to human life, namely, shoot the said Betty Preston with a firearm, which caused the death of Betty Preston, as alleged in the indictment, and that the Defendant in so acting, was not acting under the immediate influence of sudden passion arising from an adequate cause, then you will find the Defendant guilty of murder, as charged in the indictment. Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the Defendant of murder, and proceed to consider whether the Defendant is guilty of voluntary manslaughter. If you find from the evidence beyond a reasonable doubt that on or about the 11th day of January, 1987, in Tarrant County, Texas the Defendant, Kenneth A. Preston, did then and there intention ally or knowingly cause the death of an individual, Betty Preston, by shooting the said Betty Preston with a firearm, or he did then and there intentionally, with the intent to cause serious bodily injury to Betty Preston, commit an act clearly dangerous to human life, namely, shoot the s”

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