Hall v. State’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ajssault covered every "attempt or offer with force and violence, to do a corporal hurt to another,” 1 Hawkins, Pleas of the Crown, 113. Blackstone defines it as "an attempt or offer to beat another, without touching him,” 3 Commentaries 120, while according to Wharton it is "an apparent attempt by violence to do corporal hurt to another,” 1 Criminal Law (10th ed.), sec. 603. On the other hand a battery is a "consummated or completed assault,” 2 Burdick, The Law of Crime, sec. 350. It necessarily includes an assault. The offense is usually referred to as an assault and battery and at common law meant any unlawful bodily harm done to another person. "It seems that any injury whatsoever, be it never so small, being actually done to the person of a man, in an angry, or revengeful, or rude, or insolent manner, as by spitting in his face, or any way touching him in anger, or violently justling him out of the way, are batteries in the eye of the law.” 1 Hawkins, Pleas of the Crown, 134. "The law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every man’s person being sacred, and no other having right to meddle with it, in even the slightest manner.” 3 Blackstone’s Commentaries 120. Assault and battery at common law ranged from these minor offenses, which nevertheless the law cannot afford to overlook, to violence falling just short of manslaughter or murder.”

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

2. ““The offense defined by 21 O.S.1951 § 645 of assault with a dangerous weapon ‘with intent to injure any person, although without intent to kill such person,’ is a lesser grade of assault and necessarily included in the offense defined by section 652, id., of assault and battery with a deadly weapon, with intent to kill, or by such other means or force as is likely to produce death.” (Emphasis added).”

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