19 Kan. App. 2d 56 - State v. Blockman’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In 52A C.J.S., Larceny § 1(2), it is stated: ‘Robbeiy and larceny are distinct crimes, although in a generic sense they are but different degrees of the same crime. The word “robbeiy” describes a form of larceny, since robbery is merely an aggravated form of larceny or theft, the aggravation consisting in the use of actual or constructive violence against the person of the victim or the use of force or fear to accomplish the taking of property from the possessor. Thus, robbery may be briefly defined as a forcible larceny from the person. Larceny is an offense against the possession; robbeiy against the person. There may be larceny without robbery, but there can be no robbery without larceny, since robbery includes larceny; if the crime of robbeiy has been made out, no additional proof is required to establish the crime of larceny.’ (Emphasis added.) “Based upon the foregoing analysis, we hold for purposes of K.S.A. 21-3107(2)(a) theft is a ‘lesser degree of the same crime’ which embraces robbeiy. The unlawful taking of the property of another is the gravamen of both offenses. 234 Kan. at 591-92 .” 19 Kan. App. 2d at 58 .”

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