Lane v. Commonwealth’s Empirical Analysis
1949
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently May 1993
17 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 128 W. Va. 136 - State v. Lawson · Jones v. Commonwealth · Johnson v. Commonwealth · Wadley v. Commonwealth · Williams v. Commonwealth
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In this case the jury, on the first trial,, found the defendant guilty of ‘unlawful wounding,’ merely. The verdict failed to name the person wounded, to recite that the wounding was done ‘with intent to maim,’ etc., or to state that it was committed ‘as charged in the indictment.’ It was not a complete finding in due form upon the issue presented and was silent on some of the material elements of the offense charged. It was fatally defective, and no valid judgment of the court could have been rendered upon it. 190 Va. at p. 66 . .y, jfr ■fr *«• *ir 'iv “Here the first clause of the verdict found Lane guilty of an alleged offense not embraced in the statute under which he was being tried; the second clause fixed his punishment as though he had been found guilty of a felony. The fact that the jurors used the word ‘unlawful’ instead of the word ‘malicious’ clearly indicates that they found him not guilty of malicious intent. These considerations show that the jury intended to find the defendant guilty of unlawful assault, with intent to maim, etc., and to acquit him of the charge of malicious assault. It is equally clear that they did not find him guilty of a misdemeanor. We, therefore, hold that the trial court did not err in overruling the defendant’s plea of former jeopardy and in allowing him to be tried upon the charge of unlawful assault, with intent to maim, etc.” 190 Va. at p. 69 .”
1 later decision quote this exact passage · from the majority““ ‘We, the jury, find the defendant Barron Lane guilty of unlawful wounding and fix his punishment at three (3) years in the State Penitentiary.’ (Italics added).” 190 Va. at p. 63 .”
1 later decision quote this exact passage · from the majority
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.