Busler v. State’s Empirical Analysis
1944
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently September 1978
10 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 Fitch v. State · State v. Missio · Jones and Bass v. State
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) The crime of larceny clearly involves ownership and possession of goods and chattels. It has been characterized as a criminal trespass upon the right of possession. Fitch v. State, 135 Fla. 361 , 185 So. 435 , 125 A.L.R. 360 . There can be no doubt that there must be an owner of the property taken and there must also be a trespass to the possession of the owner, either actual or constructive. ‘Without this trespass there can be no larceny; and there can be no trespass unless the property was in possession of the one from whom it was allegedly stolen.’ 32 Am.Jur. Larceny, sec. 15; Jones and Bass v. State, 166 Tenn. 102 , 59 S.W.(2d) 501 , citing State v. Missio, 105 Tenn. 218, 222 , 58 S.W. 216 . The following is also cited with approval in Jones and Bass v. State, supra: “ ‘In 17 R.C.L., p. 72, it is quite aptly said that: “The exact state of the title of stolen property is of no particular concern to the thief, except that it must have been in someone else; hence evidence of possession is ordinarily sufficient proof of ownership; and this is true although the one in possession may have held the property as bailee, trustee, or otherwise having only a special interest, and not a general ownership of the property.” ’ ””
1 later decision quote this exact passage · from the majoritye.g. Campbell v. State““(5) The only other contention is that the trial court should have granted a new trial on account of an alleged variance between the owner of the building entered as averred in the indictment and the proof. The ownership of the building was averred in the indictment to be in ‘Clifton’s Inc.’ The evidence shows that the building belonged to an individual but that it was occupied by Clifton’s Inc., under a lease contract. “It is well settled that burglary or house-breaking is not an offense against the ownership and legal title, and that ownership of the building alleged to have been burglarized not only may but should be laid in the actual occupant. 9 C.J., Burglary, 80, pp. 1044, 1045; 12 C.J.S., Burglary, 38.””
1 later decision quote this exact passage · from the majoritye.g. Campbell v. State
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.