169 W. Va. 24 - State v. Louk’s Empirical Analysis
1981
Citation profile
1 federal appellate · 83 state decisions
How this case has been cited
Cited by 85 later decisions — most recently November 2018 · most notably 170 W. Va. 662 - State v. Neider (1982), 205 W. Va. 155 - State v. Wallace (1999)
1 federal appellate · 83 state decisions
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.
Relationships
Relies on 157 W. Va. 640 - State v. Thomas · Leon v. Klinger · 165 W. Va. 741 - State v. Craft · Cook v. State · 167 W. Va. 411 - State v. Daggett
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test of determining whether a particular offense is a lesser included offense is that the lesser offense must be such that it is impossible to commit the greater offense without first having committed the lesser offense. An offense is not a lesser included offense if it requires the inclusion of an element not required in the greater offense.”
13 later decisions quote this exact passage““Burglary shall be a felony and any person convicted thereof shall be confined in the penitentiary not less than one nor more than fifteen years. If any person shall, in the nighttime, break and enter, or enter without breaking, or shall, in the daytime, break and enter, the dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a felony or any larceny therein, he shall be deemed guilty of burglary."”
4 later decisions quote this exact passage““To support a conviction for larceny at common law, it must be shown that the defendant took and carried away the personal property of another against his will and with the intent to permanently deprive him of the ownership thereof.””
3 later decisions quote this exact passage
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.