90 So. 2d 449 - Sheffield v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Section 590.28, Florida Statutes 1955, F.S.A., by its terms expressly requires a specific criminal intent to damage or destroy property of another. It further provides that such intent must be engendered `by malice or spite or by the hope of material gain or employment to be derived either directly or indirectly'. No such specific intent is alleged or proved in the instant case."”

   2 later decisions quote this exact passage
   e.g. 93 So. 2d 725 - Harris v. State · 352 So. 2d 954 - Hornsby v. State

2. ““(3) Where the record shows that the defendant did riot have counsel, or fails to show whether he did or did not have counsel, it will be presumed that the defendant waived' the benefit of counsel and elected tó present his own defense — as every person' has the right to do under the Florida Constitution. Decl.Rights, sec.' 11. “(4) The presumption of waiver is rebutted by a showing that the accused was incapable, because of age, ignorance or lack of mental capacity, , of representing himself adequately at the trial. “(5) Whether the defendant' is' or is not capable of represeiiting himself adequately at the trial is a factual issue which can be determined only by an examination and observation' of the defendant. “(6) Where a trier of the facts has made a finding on the issue, his finding will not be disturbed by this Court when supported by competent credible evidence of record.””

   1 later decision quote this exact passage
   e.g. 92 So. 2d 806 - McMahon v. Mayo

3. ““Whoever wilfully, maliciously or intentionally burns, sets fire to, or causes to be burned or any fire to be set to, any forest, grass, or woodlands not owned by, or in the lawful possession of, the person setting such fire or burning such lands or causing such fire to be set or lands to be burned shall, upon conviction thereof, be deemed guilty of a felony, and punished as provided in § 590.30.” (Emphasis ours.)”

   1 later decision quote this exact passage
   e.g. 93 So. 2d 725 - Harris v. State