13 Va. App. 286 - Crump v. Commonwealth’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The determination of what offenses are necessarily included lesser offenses of the crime charged is based on the fundamental nature of the offenses involved, not on the particular facts of a specific case or the language of a given indictment. The only offenses which are lesser included are those which are "in their nature constituent parts of the major offense." Even if one offense is committed in almost all cases of the commission of another offense, it is not a necessarily included lesser offense of the other one. Neither the facts charged in the indictment nor those proved at trial determine whether an offense is a necessarily included offense; the determination, instead, is made by examining the elements of the crimes that must be proved in order to sustain a conviction.”

   3 later decisions quote this exact passage
   e.g. 27 Va. App. 381 - Dalton v. Commonwealth · 21 Va. App. 161 - Graves v. Commonwealth

2. “A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense. Thus, in order for one crime to be a lesser included offense of another crime, every commission of the greater offense must also be a commission of the lesser offense.... As an exception to the American rule barring merger of criminal offenses, a criminal defendant is entitled to jury instructions for all lesser included offenses supported by the evidence.”

   2 later decisions quote this exact passage
   e.g. 27 Va. App. 381 - Dalton v. Commonwealth · 21 Va. App. 161 - Graves v. Commonwealth

3. “A lesser included offense is necessarily charged by implication in an indictment for a greater offense and necessarily proven by the proof of the greater offense____A crime that is not a necessarily lesser included offense, on the other hand, is not charged by implication and is not necessarily proved by proof of the greater offense.”

   2 later decisions quote this exact passage
   e.g. 21 Va. App. 161 - Graves v. Commonwealth · 43 Va. App. 219 - Hudgins v. Commonwealth