967 So. 2d 32 - Wilson v. State’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “S-3A (in pertinent part): If you find from the evidence in this case, beyond a reasonable [doubt] that: (1) On or about July 21, 2010, in George County, Mississippi; (2) CHRISTOPHER LEE BAXTER, alone or in conjunction with another, killed Garry Welford, a human being and peace officer, while Garry Wel-ford was acting in his official capacity as a peace officer, with knowledge that Garry Welford was a peace officer, (3) and that said killing was done without authority of law by any means or in any manner, in the commission of an act eminently dangerous to' others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual. ... S-5: One who willfully, unlawfully, and fe-loniously aids, abets, assists, or otherwise encourages the commission of a crime is just as guilty under the law as if he or she had committed the whole crime with his or her own hands. S-6A: The guilt of a defendant in a criminal case may be established without proof that the defendant did every act constituting the offense alleged. The law recognizes that, ordinarily, anything a person can do for himself may also be accomplished by that person through the direction of another person as his or her agent, or by acting in concert with, or under the direction of, another person or persons in a joint effort or enterprise. If another person is acting under the direction of the defendant or if the defendant joins another person an”

   1 later decision quote this exact passage
   e.g. Christopher Lee Baxter v. State of Mississippi

2. “... [S]ection 99-19-33 3 and Daniels 4 stand for the proposition that when the statutory penalty for a particular crime is legislatively reduced after the date of the commission of the crime but before the date of sentencing, the trial court must sentence the defendant under the amended statute. Such a proposition is a far cry from today’s case where we are not dealing with an amended sentencing statute, but instead an amended statute as it relates to the elements of the criminal offense. One of the elements of the amended felony shoplifting statute now requires that the. stolen merchandise have a stated price which exceeds $500 in value,, as opposed to $250 in value. Thus section 99-19-33 and Daniels are totally, irrelevant to today’s discussion. In the case sub judiee, only the elements of the crime of felony shoplifting changed and not the penalty, which has remained the same during this amendment process. Wilson was properly convicted based upon Mississippi Code Annotated'section 97-23-93 as it existed on November 4, 2002, the date of the crime.”

   1 later decision quote this exact passage
   e.g. Lester Darrell Moore v. State of Mississippi

3. “A person convicted of shoplifting merchandise for which the merchant’s stated price exceeds One Thousand Dollars ($1,000.00) shall be guilty of a felony and, upon conviction, punished as provided in Section 97-17-41 for the offense of grand larceny.”

   1 later decision quote this exact passage
   e.g. Lester Darrell Moore v. State of Mississippi