85 So. 2d 613 - Meade v. State’s Empirical Analysis

Citation profile

1 federal appellate · 25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * First, he represented that in one case he contemplated introducing no testimony but his own, while in the other case he was considering the use of testimony of other witnesses, so if forced to meet both indictments in one trial, the use of the other witnesses relative to the crime charged in one indictment would result in his forfeiting the right to the concluding argument. He claimed also that he would be embarrassed in meeting the state's charges by the dissimilarity in the defenses to the two indictments, and in the proof relevant to the charges. * * * "We think the objections offered by the appellant were good. We have already seen from the analyses of the indictments that the appellant was charged with having killed his victims with different instruments and in different ways. Conceivably elements peculiar to one homicide would not appertain to the other. The motive in one might not apply to the other. In the trial the appellant claimed that he killed Albonizio in self-defense and that the death of Evelyn Meade was accidental. It is plain from the verdicts that the jury found some difference in the seriousness of the offenses for while the appellant was found guilty, without qualification, of murdering Evelyn Meade the jury recommended mercy in the verdict finding him guilty of killing Albonizio."”

   2 later decisions quote this exact passage
   e.g. State v. Crow · McClure v. State

2. ““913.08 Number of peremptory challenges The state and the defendant shall each be allowed the following number of peremptory challenges: “(1) Ten, if the offense charged is punishable by death or imprisonment for life; “(2) Six, if the offense charged is a felony not punishable by death or imprisonment for life; “(3) Three, if the offense charged is a misdemeanor. “(4) If two or more defendants are jointly tried each defendant shall be allowed the number of peremptory challenges specified above and in such case the state shall be allowed as many challenges as are allowed to all of the defendants.””

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

3. “"* * * and a defendant offering no testimony in his own behalf, except his own, shall be entitled to the concluding argument before the jury."”

   1 later decision quote this exact passage
   e.g. 92 So. 2d 819 - Birge v. State