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← 30 ILLAPP3D 1021 - People v. Kessler

People v. Kessler’s Empirical Analysis

1975

Citation profile

2
cited by 2 later decisions
1
states following
December 1982
most recently cited

2 state decisions

Relationships

Relies on 57 Ill. 2d 493 - People v. Kessler · 53 Ill. 2d 460 - People v. Jones · 52 Ill. 2d 455 - People v. Williams · 44 Ill. 2d 321 - The PEOPLE v. Gersbacher · 6 Ill. App. 3d 622 - People 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"As material here, the information alleges, that Rodney Glen Abney, Ronald Richard Mass. and Rudolph Louis Kessler, "`Committed the offense of Attempt, in that they, with intent to commit the offense of Murder, attempted to kill and murder (victim).' "Defendent urges that the information is void because it does not describe the acts which comprise a `substantial step toward the commission' of the offense intended, within the meaning of the attempt statute (Ill.Rev.Stat. 1971, ch. 38, sec. 8-4 (a)). He reasons that alleging an `attempt' to kill does not describe the act since the attempt is the offense itself. The State refers to a more common meaning of `attempt' as synonymous with `tried', or `made an effort' to kill, and argues that it is not a mere repetition of the offense charged. (Webster's Seventh New Collegiate Dictionary) Thus, that the allegations of the attempt to kill with the specific intent to commit murder state the elements of the offense of Attempt sufficiently to fairly apprise *Page 348 the defendant of the crime charged and to protect him from subsequent prosecution for the same offense. We agree. In an indictment for Attempt, the crime intended need not be set out as fully as would be required for a statement of the actual commission of the offense. (People v. Williams (1972), 52 Ill.2d 455 , 461 , 288 N.E.2d 406 ). The allegation that defendant with the requisite intent, `attempted to kill and murder' a named victim, was sufficient to describe an act whi”
    1 later decision quote this exact passage · from the majority
  2. “`Committed the offense of Attempt, in that they, with intent to commit the offense of Murder, attempted to kill and murder (victim).'”
    1 later decision quote this exact passage · from the majority

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.