112 Ill. App. 2d 208 - People v. Rossi’s Empirical Analysis

Citation profile

3 federal appellate · 16 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no disagreement as to the legal principles which apply. Specific intent to steal must exist and be measured at the time of unauthorized entry into the dwelling of another, and the State has the burden of proving the necessary intent. People v. Maffioli, 406 Ill 315, 320, 94 NE2d 191 (1950); People v. McCombs, 94 Ill App 2d 308, 312, 236 NE2d 569 (1968). Since a person’s state of mind is not subject to direct proof, ordinarily intent must be proved circumstantially by inferences drawn from conduct. In the absence of inconsistent circumstances, proof of unlawful entry into a building which contains personal property that could be the subject of larceny gives rise to an inference that will sustain a conviction of burglary. The inference is grounded in human experience which justifies the assumption that the unlawful entry was not purposeless, and, in the absence of other proof, indicates theft as the most likely purpose. People v. Johnson, 28 Ill 2d 441, 443, 192 NE2d 864 (1963); People v. Powell, 61 Ill App 2d 238, 245, 246, 209 NE2d 345 (1965).” (People v. Rossi (1969), 112 Ill. App. 2d 208, 211-12 , 250 N.E.2d 528, 529-30 .)”

   1 later decision quote this exact passage · from the majority
   e.g. 79 Ill. App. 3d 501 - People v. Bryant