Public-domain · open source
OpenJurist
← 254 Ind. 600 - Thomas v. State

Thomas v. State’s Empirical Analysis

1970

Citation profile

32
cited by 32 later decisions
1
states following
November 1980
most recently cited

32 state decisions

Relationships

Relies on Kiefer v. State · Young v. State · Watford v. State · Froedge v. State · MIMS 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"It is inconceivable that a person could commit an assault and battery with intent to kill another person as charged in this case without also intentionally and knowingly inflicting great bodily harm or disfiguring the assaulted person. We hold that if the facts are present to warrant a conviction on assault and battery with intent to kill in this case they would certainly be present to warrant a conviction on aggravated assault. "We, therefore, hold that aggravated assault and battery is an included lesser offense of the crime of assault and battery with intent to kill as charged in this case. It would not, of course, be an included offense if the charging affidavit merely alleged an assault with intent to kill without alleging bodily injury." 254 Ind. at 604 , 261 N.E.2d at 590-91 .”
    6 later decisions quote this exact passage
  2. “"... THOMAS ... did then and there unlawfully and feloniously and in a rude, insolent and angry manner, shoot and wound, with a certain 38 caliber revolver then and there loaded with gunpowder and a slug, DOROTHY THOMAS in the back... ." 254 Ind. at 603 , 261 N.E.2d at 590 .”
    4 later decisions quote this exact passage
  3. ““Great bodily harm defines itself and means great as distinguished from slight, trivial, minor or moderate harm, and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery under Ind. Ann. Stat. § 10-403 (Supp. 1967).” 233 N.E.2d at 636 .”
    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.