State v. Smith’s Empirical Analysis

Citation profile

83 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘An act of first-degree premeditated murder by means of shooting, beating, or stabbing, etc. requires proof of an aggravated battery. Had the victim survived the charge could have been attempted murder or aggravated battery but not both. No case has been cited where a single act constituting aggravated battery has been held to constitute both aggravated battery and a homicide.’ (Emphasis added.)” 25 Kan. App. 2d at 16 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Riley · 25 Kan. App. 2d 8 - State v. Morfitt

2. ““In a felony action, the indictment or information is the jurisdictional instrument upon which the accused stands trial.” Syl. ¶ 10. “A conviction based upon an information which does not sufficiently charge the offense for which the accused is convicted is void. Failure of an information to sufficiently state an offense is a fundamental defect which can be raised at any time, even on appeal.” Syl. ¶ 11. “If the facts alleged in an information do not constitute an offense within the terms and meaning of the statute upon which it is based, the information is fatally defective. The evidence introduced at trial to show commission of the crime sought to have been charged, and the jury instruction thereon, have no bearing on this question.” Syl. ¶ 12. “In Kansas all crimes are statutory and the elements necessary to constitute a crime must be gathered wholly from the statute.” Syl. ¶ 13. “An information which omits one or more of the essential elements of the crimes it attempts to charge is jurisdictionally and fatally defective, and convictions for those offenses must be reversed.” Syl. ¶ 14.”

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

3. ““K.S.A. 1983 Supp. 21-3107 provides statutory authority where criminal conduct of a defendant, although consisting of a single transaction, may result in a multiple violation of the criminal code, for which the defendant may be severally prosecuted. [Citation omitted.] The prosecution may not split a single offense into separate parts where there is a single wrongful act which does not furnish the basis for more than one criminal prosecution. The test concerning whether a single transaction may constitute two separate and distinct offenses is whether the same evidence is required to sustain each charge. If not, the fact that both charges relate to and grow out of the same transaction does not create,.a single offense where two distinct offenses are defined by statute. [Citation omitted.] The same test is used in determining whether offenses charged in a complaint or information constitute lesser included offenses and are multiplicitous under 21-3107 . . . .””

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