People v. McCormack’s Empirical Analysis
1991
Citation profile
8
cited by 8 later decisions
1
states following
June 2002
most recently cited
8 state decisions
Relationships
Relies on 15 Cal. 3d 709 - People v. Gauze · 274 Cal. App. 2d 912 - People v. Lewis · 171 Cal. App. 3d 982 - People v. Fleetwood · People v. Garcia · 214 Cal. App. 3d 1250 - People v. MacKabee
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The challenged instruction was proper because it is consistent with the literal language of the controlling code section. In its current form this code section states: `Every person who enters any ... room ... with intent to commit grand or petit larceny or any felony is guilty of burglary.' (§ 459.) We have found no published decisions by a court of this state holding, on facts similar to those present here, that burglary is not committed when the intent to steal is formed after entry to a building but before entering a room therein from which the defendant intends to steal property. This is undoubtedly due to the fact the definition of burglary has included entry into a room with the requisite intent since the Penal Code was first adopted in 1872. (§ 459, as enacted 1872.) "There are, however, numerous decisions holding that entry into a room with the required intent is burglary. [Citations.] As the plain language of the code includes entry into a room within the definition of burglary the court's instruction was proper." ( Id. at pp. 255-256, 285 Cal.Rptr. 504 .) "Defendant also asserts the policies underlying the burglary statute are not served by applying the statute to the present facts because, he asserts, the members of a family sharing a home do not have individualized expectations of privacy in each room of the house. [Citation.] The statute specifically prohibits entry into a `room.' If this wording did not serve the policy intended by the Legislature it need not ”
1 later decision quote this exact passage“`Burglary laws are based primarily upon a recognition of the dangers to personal safety created by the usual burglary situation the danger that the intruder will harm the occupants in attempting to perpetrate the intended crime or to escape and the danger that the occupants will in anger or panic react violently to the invasion, thereby inviting more violence. The laws are primarily designed, then, not to deter the trespass and the intended crime, which are prohibited by other laws, so much as to forestall the germination of a situation dangerous to personal safety.' Section 459, in short, is aimed at the danger caused by the unauthorized entry itself.”
1 later decision quote this exact passage“Defendant also asserts the policies underlying the burglary statute are not served by applying the statute to the present facts because, he asserts, the members of a family sharing a home do not have individualized expectations of privacy in each room of the house. [Citation.] The statute specifically prohibits entry into a `room.' If this wording did not serve the policy intended by the Legislature it need not have been included in the statute and it could have been removed or modified at any time in the more than 100 years since this code section was first adopted.”
1 later decision quote this exact passage
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.