State v. Gough’s Empirical Analysis
1962
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently May 2003 · most notably State v. Jackson (1983), State v. Fulcher (1978)
44 state decisions
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 State v. Brown · State v. Kelly · State v. Rollins · Perry v. Gibson · State v. Jones
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`where false and fraudulent representations or fraud amounting substantially to a coercion of the will of the kidnapped person are used as a substitute for force in effecting kidnapping, there is, in truth and in law, no consent at all on the part of the victim.'”
3 later decisions quote this exact passage · from the majority““Now, the defendant is charged with a violation of the statute making it a felony for anyone to kidnap. It shall be unlawful for any person to kidnap or cause to be kidnapped another human being. This is the statute law. . . . By kidnapping is meant the taking and carrying away of a person forcibly or fraudulently. There is no question of fraud here. . . . Force is a necessary element of the offense, to carry anyone away by unlawful force, and against his will, to seize and detain him for the purpose of carrying away. This is the way Webster defines kidnapping. Now, if the State has satisfied you, in this matter, from the evidence and beyond a reasonable doubt, that on the 30th day of April 1970, the defendant James Ingland in company with others, did forcibly and by using a shotgun, take and kidnap the person of Richard Michael Fortner, and transport him to a place outside of Fayetteville, in the country, unlawfully, or done without lawful authority, it would be your duty to return a verdict of guilty as charged. If the State has failed to so satisfy you, it would be your duty to return a verdict of not guilty.” (Emphasis added.)”
1 later decision quote this exact passagee.g. State v. Ingland““To constitute the offense of kidnapping it is not necessary that actual physical force or violence should have been employed, and this was true even at common law. It is essential only that the taking or detention should be against the will of the person kidnapped. Falsely exciting the fears of the person who is the subject of the offense by threats, or enticement or inveiglement by false and fraudulent representations amounting substantially to a coercion of the will is sufficient. In determining whether the person was coerced by fraud and inveiglement, the nature of the artifice employed and the age, education, and condition of mind must be taken into consideration. The offense is not committed if the person taken away or detained, being capable in law of consenting, goes voluntarily without objection in the absence of fraud and deception. But a child of tender years is regarded as incapable of consenting.””
1 later decision quote this exact passagee.g. State v. Murphy
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.