34 Ohio App. 2d 39 - State v. Kinnemore’s Empirical Analysis

Citation profile

3 federal appellate · 2 district ·

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. “The third assignment of error challenges the weight and sufficiency of the evidence presented by the state to sustain the charge of ‘assault with intent to kill,’ and this alleged error brings into focus the difficult question in the case. The state submitted overwhelming evidence that Kinnemore assaulted Sharon Frazier in an attempt to effect an escape, but the evidence of an intent to kill at the time of the assault is dependent upon considerable speculation. The assault took place within a few feet of the security officer, Margaret Mason, and the four male employees. Each of these witnesses testified that the appellant twice said that ‘if you guys don’t let me go, I’m going to kill her.’ Although the assault was complete at that point, the exclamation tends to show that its objective was escape-not murder. The threat was conditional, where as an assault coupled with a present intent to kill necessarily involves continuous, sequential, and uninterrupted conduct. The state was required to prove that Kinnemore intended to kill Miss Franzier at the time of the assault, but the evidence upon this issue, which consists entirely of the exclamation of the defendant at the time of the assault, is not sufficient to sustain an essential element of the crime beyond a reasonable doubt; hence, the third assignment of error is well made.”

   1 later decision quote this exact passage
   e.g. 662 F. Supp. 2d 903 - Ross v. Kelley