295 Pa. Super. 106 - Commonwealth v. Moody’s Empirical Analysis
1982
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently August 2010
15 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 Commonwealth Ex Rel. Washington v. Maroney · Commonwealth Ex Rel. Moszczynski v. Ashe · Commonwealth v. Holzer · Commonwealth v. Walker · Commonwealth v. Davis
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With regard to attempted rape, appellant contends that ripping Miss Kirby’s shirt, pulling down her bra, and attempting to remove her pants was not so substantial a step toward rape to fulfill the requirement of an attempt. Crimes Code, 18 Pa.C.S. § 901(a) (1973). It should be noted that appellant had already committed the sexual offense of indecent assault under the Crimes Code, 18 Pa.C.S. § 3126(1) when he tore open Miss Kirby’s shirt and ripped down her bra. Especially given the awesome violence of appellant’s attack on Miss Kirby, and because he went further and attempted to remove Miss Kirby’s pants, it was reasonable for the fact-finder to conclude that appellant had taken a substantial step toward rape. Cf Commonwealth v. White, 232 Pa.Super. 176, 181 , 335 A.2d 436 (1975). Indeed, it would appear that the only other reasonable inference which could arise from appellant’s conduct was that he intended to commit involuntary deviate sexual intercourse, also a felony of the first degree. Crimes Code, 18 Pa.C.S. § 3123. Since orthodox intercourse is the more common act, rape was the more natural inference.”
1 later decision quote this exact passage“A person commits a felony of the first degree when he engages in sexual intercourse with another person not his spouse: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;”
1 later decision quote this exact passage“A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that 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.