People v. Baxter’s Empirical Analysis

Citation profile

1 federal appellate · 15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant invokes the rule, operative in some jurisdictions by judicial holdings, and in others by statute, that there can be no conviction of an attempt to commit a felony if the evidence establishes consummation of the felony. This is the rule in Illinois. People v. Lardner, 300 Ill. 264 ( 133 N. E. 375 , 19 A. L. R. 721). But the rule is not general, and does not prevail in this jurisdiction. . If an in formation admits of conviction of an attempt to commit a felony, an accused may be found guilty of tbe attempt, though the evidence shows a completed offense. People v. Miller, 96 Mich. 119 ; People v. Blanchard, 136 Mich. 146 . Such a verdict may be illogical, but the people cannot complain, and the defendant must accept it, even though less in measure than his just deserts; at least he cannot be heard to say that he has suffered injury. “In People v. Hoover, 243 Mich. 534 , defendant was convicted of an assault, and it was urged ‘that, under the proofs, defendant was either guilty of taking indecent liberties (the charge) or not guilty of any offense.’ "We made answer: ‘This argument has been made before, but not with success; ’ citing People v. Martin, 208 Mich. 109 ; People v. Garner, 211 Mich. 44 .””

   1 later decision quote this exact passage
   e.g. People v. Bradovich