State v. Baker’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Aggravated - crime against nature is crime against nature committed . under any one or more of the following circumstances;: (1) Where the victim resists the‘act to the utmost,' but such resistance is overcome by force; (2) Where the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution; (3) Where through idiocy, imbecility or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity ; (4) Where the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic ■or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason •of a stupor or abnormal condition .of mind from any cause, and the offender knew or should have known of such incapacity ; or (5) Where the victim is under the age of seventeen years and the offender is at least three years older than the victim. Whoever commits the crime of aggravated crime against nature shall be imprisoned at hard labor for not more than fifteen years. Added Acts 1962, No. 60, § 1.””

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