90 Okla. Crim. 98 - Smith v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is error in a court in a homicide case to give to the jury instructions which are not relevant to the evidence and which may mislead the jtiry to the prejudice of the defendant. “In charging the jury due regard must be had to the state of the case, the character and amount of proof, and the law as stated to the jury must be applicable to the pleading and testimony. “Where, in a prosecution for murder, defendant’s sole defense was that he did not commit the act, it was error to instruct that, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation or excuse devolved on him, since it was not applicable to the case.””

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