State v. Thornton’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although the elements of the two offenses are different, and although we have held that possession of marijuana is not a lesser included offense in a prosecution for sale of marijuana [citation omitted], we are convinced that die offense of possession of marijuana with intent to sell is merged with the crime of sale of marijuana where, as here, die sale was consummated. In Prince v. United States, 352 U.S. 322 , 1 L. Ed. 2d 370 , 77 S. Ct. 403 (1957), the United States Supreme Court held that the offense of entering a bank with the intent to commit a felony or larceny therein -was merged -with the crime of bank robbery when the latter crime was consummated. The court said: . . [T]he heart of the crime is die intent to steal. This mental element merges into the completed crime if the robbery is consummated. . . .’ (p. 328). “Here, the state charged that Thornton possessed marijuana with the intent to sell it. He sold it to Officer Grow. The intent to sell merged into the crime of sale when the sale was consummated.” 224 Kan. at 131.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Schoonover