Ashby v. Commonwealth’s Empirical Analysis
1968
Citation profile
50 state decisions
How this case has been cited
Cited by 52 later decisions — most recently May 2011 · most notably Jones v. Commonwealth (1978), Ryan v. Commonwealth (1978)
50 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 Blockburger v. United States · Jones v. Commonwealth · Miles v. Commonwealth · Stapleton v. Commonwealth · Hudson 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An accused can be acquitted of the greater offense charged in the indictment and at the same trial convicted of lesser offenses if the lesser offenses “be substantially charged in the indictment.” [Citation omitted.] But an indictment charging a greater offense can be considered as also charging only those lesser offenses the elements of which are elements of the greater offense, and the accused can be convicted under the indictment only of the greater offense or of such lesser offenses. [Citation omitted.] Indecent exposure, though it may occur in almost all cases of sodomy ... is not a fact that must be charged or proved to sustain a conviction of sodomy in any case .... There fore, indecent exposure is not a lesser offense included in the offense of sodomy ....”
2 later decisions quote this exact passage · from the majority“Any person eighteen years of age or over, who, with lascivious intent, shall knowingly and intentionally: (1) Expose his . . . sexual or genital parts to any child under the age of fourteen years .. .; or (2) In any manner fondle or feel, or attempt to fondle or feel, the sexual or genital part of any such child, or the breast of any such female child;. . . shall be guilty of a Class 6 felony.”
1 later decision quote this exact passage · from the majority“If any person shall carnally know in any manner any brute animal, or carnally know any male or female person by the anus or by or with the mouth, or voluntarily submit to such carnal knowledge, he or she shall be guilty of a Class 6 felony. If any person shall by force carnally know any male or female person by the anus or by or with the mouth he or she shall be guilty of a Class 3 felony.”
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.