Kunkle v. State’s Empirical Analysis
1869
Citation profile
24 state decisions
How this case has been cited
Cited by 25 later decisions — most recently August 1979 · most notably Commonwealth v. Kennedy (1897), Walker v. State (1894)
24 state decisions — followed in 11 states
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 State v. Wilson · State v. Swails · Allen v. State · Johnson 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“But if the case [ State v. Swails ] is to be understood as laying down the broad proposition, that to constitute an assault, or an assault and battery, with intent to commit a felony, the intent and the present ability to execute must necessarily be conjoined, it does not command our assent or approval. The case does not seem to have been very carefully considered, and no authority is referred to in support of the proposition.”
1 later decision quote this exact passage · from the majoritye.g. State v. Damms“To constitute an assault, the intent and the present ability to execute, must be conjoined. Thus, in this case, there was the intent, but not the power.”
1 later decision quote this exact passage · from the majoritye.g. State v. Damms
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.