265 So. 2d 411 - Wilson v. State’s Empirical Analysis
1972
Citation profile
7 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 2011
7 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 Brown v. State · 262 So. 2d 655 - DeLaine v. State · 206 So. 2d 30 - Paulet v. Hickey · Anderson v. State · 255 So. 2d 550 - Anderson 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The information here alleged that the defendant `did, by force, violence or putting Pearl Snyder in fear, feloniously rob, steal and take away' certain personal property. Simple assault, as pointed out in the District Court's decision, is defined as `an intentional, unlawful threat by word or act to do violence to the person of another coupled with an apparent ability to do so, and doing some act which creates a well founded fear of such violence being done.' The language in the information appears to be sufficient to fall within this definition of assault. The information, however, is not sufficient as regards the offenses of aggravated assault (no allegation of assault with a deadly weapon) and assault and battery (no allegation of battery)."”
3 later decisions quote this exact passage“"[I]n order to determine whether an instruction on the lesser offense should be given, the trial court must examine the information to determine whether it alleges all the elements of the lesser offense even though such lesser offense is not an essential ingredient of the offense charged. If the accusation is present, then the trial court must determine from the evidence whether it supports the allegation of the lesser offense. If the allegata and probata are present, there should be a charge on the lesser offense." (Emphasis theirs)”
1 later decision quote this exact passage“"[W]here a trial is by jury, it is extremely difficult for an appellate court to determine whether the failure of the trial court to give the requested instruction resulted in injury to the substantial rights of the defendant. Therefore, we feel that the cause should be remanded for a new trial, with appropriate instructions given."”
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.