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← 107 Ill. App. 2d 305 - People v. Uselding

107 Ill. App. 2d 305 - People v. Uselding’s Empirical Analysis

1969

Citation profile

27
cited by 27 later decisions
8
states following
August 2022
most recently cited

27 state decisions

How this case has been cited

Cited by 27 later decisions — most recently August 2022 · most notably 21 Cal. 4th 935 - People v. Tufunga (1999), 49 Wis. 2d 105 - Edwards v. State (1970)

27 state decisions

1701969197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

  1. ““While it is true a person ought not be encouraged to take the law in his own hands to collect a debt by gun point or by intimidation, we do not think that is the issue. The question is what is the nature of the specific intent necessary to establish the crime of robbery. In this state by sec. 943.32, Stats., and at common law, the intent must be to steal. If a person seeks to repossess himself of specific property which he owns and to which he has the present right of possession and the means he uses involves a gun or force, he might not have the intention to steal. While the reclamation of specific removable property at gun point by the owner may not be armed robbery, such self-help may and generally does constitute a lesser crime than robbery. Thus the deterrence of and punishment for such conduct required by public policy are satisfied. Therefore, we are not persuaded by the reasoning of the minority cases. Neither can we accept the view of the majority cases which see no distinction between the reclaiming of one’s own property by force and the taking of money by force from a debtor to repay a debt which is presently owing. We think the intent to steal is present when one at gun point or by force secures specific money which does not belong to him in order to apply it by such self-help to a debt owed to him. In sec. 943.32 robbery is defined as whoever, with intent to steal, takes property from the person or presence of the owner by either force or threat thereof with int”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.