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← 27 OHIOST2D 196 - State v. Botta

State v. Botta’s Empirical Analysis

1971

Citation profile

85
cited by 85 later decisions
2
states following
May 2024
most recently cited

85 state decisions

How this case has been cited

Cited by 85 later decisions — most recently May 2024 · most notably State v. Ruff (2015), State v. Jenkins (1984)

85 state decisions

500197119801990200020102020decided

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 Milanovich v. United States · 154 Ohio St. 539 - State v. Martin · 111 Ohio St. 657 - Duvall v. State · Beckman v. State · 114 Ohio App. 339 - State v. Lieberman

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

  1. ““Although, as to the principal offender who steals a motor vehicle, any acts of receiving or concealing the same motor vehicle knowing it to have been stolen are considered merged into the crime of auto theft itself, so as to preclude separate sentences for a violation of R.C. 4549.04 (auto theft) and R.C. 2907.30 (receiving or concealing stolen property), it is not error to permit a jury to return verdicts of guilty as to both offenses, if otherwise warranted by the evidence, and for the court then to impose only the sentence provided for auto theft and to dismiss the. charge of receiving or concealing stolen property. [Emphasis in original.]” Id,., paragraph two of the syllabus.”
    1 later decision quote this exact passage
  2. ““A prosecution under section 6858 of the Revised Statutes, for receiving and concealing stolen property, can not be maintained against the thief, but may be against a confederate who received and concealed the property stolen.””
    1 later decision quote this exact passage
  3. “a major crime often includes as inherent therein the component elements of other crimes and that these component elements, in legal effect, are merged in the major crime.”
    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.