State v. Torres’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘If the only evidence tending to prove insanity is such that it is disbelieved and disregarded by the jury, then the presumption of sanity remains and should have the same effect as if no evidence had been introduced tending to prove insanity. The jury might well be instructed that in weighing the evidence they may not consider the presumption, yet, if uninfluenced by the presumption they reach the conclusion that the evidence tending to show defendant’s insanity is not entitled to credit and is disregarded by them, the presumption of sanity may then be regarded as remaining in force. * * * ’ “The sanity of the accused must be proven by the state just like any other material fact. The determination of that fact from the evidence is left to the jury. ^ ^ *fi”

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

2. ““The instructions tendered by the defendant are wrong in that they would place the burden as to the defendant’s sanity on the State.””

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

3. ““ * * * the burden of proof is upon the state to prove that the defendant is sane beyond a reasonable doubt.””

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