Public-domain · open source
OpenJurist
← 234 Ind. 160 - Kain v. State

Kain v. State’s Empirical Analysis

1954

Citation profile

22
cited by 22 later decisions
1
states following
December 1978
most recently cited

22 state decisions

How this case has been cited

Cited by 22 later decisions — most recently December 1978

22 state decisions

170195419601970decided

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 Beeman v. State · Potter v. State · State v. Beckman · Hewitt v. State · Kimmel v. State

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

  1. ““ ‘An indictment must state the facts and circumstances which constitute the offense charged with certainty and precision, and every material circumstance in regard to time and place, must be averred with that degree of certainty which is sufficient, to exclude every other intendment.’ Alderson v. State (1924), 196 Ind. 22, 28, 29 , 145 N. E. 572, 574 . “In State v. Beckman (1941), 219 Ind. 176, 185 , 37 N. E. 2d 531 , this court, in holding an affidavit charging reckless homicide was properly quashed, said: ‘Involuntary manslaughter does not belong to that class of crimes that may be charged in the language of the statute. When the affidavit or indictment is based upon the commission of an act which is unlawful because it is negligent, the allegations must allege facts by which it is made to appear that the act was done wantonly or with reckless disregard for the safety of others, and it must further appear that such act was the proximate cause of the death. Potter v. State (1904), 162 Ind. 213 , 70 N. E. 129 , 64 L. R. A. 942, 102 Am. St. Rep. 198 , 1 Ann. Cas. 32, it was held to be necessary to a charge of manslaughter that the death of the decedent be made to appear the natural or necessary result of the unlawful act relied upon and that it was insufficient to charge that the killing occurred “while” the defendant was doing the unlawful act.....’ In Kimmel v. State (1926), 198 Ind. 444, 451 , 154 N. E. 16 , it was held that an affidavit for involuntary manslaughter must c”
    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.