155 Ind. App. 10 - Carter v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The foregoing test [as stated in Hobbs, supra], however, must not be administered merely by applying the elements of the respective crimes as defined by the statutes; but rather, it is also necessary to look to the charging affidavit or indictment to see if a lesser offense is necessarily included in the greater one, as charged. * * * In addition to the statutes, then we must also look to the wording of the offense charged in each case to determine what lesser offenses, if any, are included.’ (Emphasis supplied.) * * *”

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

2. ““The recognized test has been that to constitute a lesser included offense, all the elements of the lesser offense must be contained in the greater offense charged in the indictment or affidavit which, in addition, contains other elements not a part of the lesser offense. Watford v. State, supra; Hobbs v. State, supra; Hatfield v. State, supra; Young v. State, supra; Thomas v. State, supra.”

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

3. ““The necessarily lesser included offense need not be charged as such, in the indictment or affidavit in order to authorize a conviction.' Where the evidence presented is sufficient to establish a necessarily lesser included crime, 9-1817 authorizes conviction of the necessarily lesser included offense.” 155 Ind. App. at 15 , 291 N.E.2d at 112.”

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