97 Okla. Crim. 121 - Gray v. State’s Empirical Analysis

Citation profile

5 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. ““It is next contended that the court erred in the refusal to give a requested instruction on manslaughter in the second degree. We do not find that the evidence in any way involves the elements of manslaughter in the second degree. Tit. 21 O.S. 1951 § 716. If the jury had believed the witness Yarsant they would have been justified in finding the defendant guilty of murder under Tit. 21 O.S. 1951 , § 701(1). The jury found the defendant guilty of manslaughter in the first degree, apparently under Section 711(2) of Title 21 O.S. 1951 , the homicide being brought about without a design to effect death, but by means of a dangerous weapon. See Koozer v. State, 7 Okla. Or. 336, 123 P. 554 , for an excellant treatise on the distinction between murder and manslaughter. “Defendant’s theory was that of self-defense. He did not claim the existence of any state of facts indicating negligence, accident, or any other element which could have reduced the crime to manslaughter in the second degree, and for such reason the court did not err in refusing to give the requested instruction covering manslaughter in the second degree.””

   1 later decision quote this exact passage
   e.g. 97 Okla. Crim. 187 - Moore v. State

2. ““L Where the evidence is conflicting; and different inferences may be drawn therefrom, it is the province of the jury to weigh the same and determine the facts. “2. The function of the criminal Court of Appeals is limited to ascertaining whether there is a basis, in the evidence, on which the jury can reasonably conclude that the accused is guilty as charged.””

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