40 Wis. 2d 95 - Holesome v. State’s Empirical Analysis
1968
Citation profile
70 state decisions
How this case has been cited
Cited by 72 later decisions — most recently March 2020 · most notably 105 Wis. 2d 231 - State v. Clausen (1982), 49 Wis. 2d 246 - State v. Melvin (1970)
70 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 Brook v. State · 28 Wis. 2d 652 - State v. Kanzelberger · In re Carlson · Fink v. City of Milwaukee · Laev 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to determine the sufficiency of the charge, two factors are considered. They are, whether the accusation is such that the defendant determine whether it states an offense to which he is able to plead and prepare a defense and whether conviction or acquittal is a bar to another prosecution for the same offense.”
13 later decisions quote this exact passagee.g. State v. Miller · State v. Conner“the nature and cause of the accusation against him.”
3 later decisions quote this exact passage““We conclude that an information charging first-degree murder can be sufficient to support a verdict of endangering the safety of another under sec. 941.30, Stats. Based upon the facts as we presume them in this case, the charge of murder quite naturally reduces to a charge of endangering the safety of another. Because there was not sufficient showing that the defendant caused the death, his conduct was endangering the safety of the deceased and, if there was no showing of intent, it was imminently dangerous conduct evincing a depraved mind. We have heretofore stated, under given factual situations, second-degree murder is first-degree murder without the intent to kill. State v. Kanzelberger (1965), 28 Wis. 2d 652, 662 , 137 N. W. 2d 419 and Brook v. State (1963), 21 Wis. 2d 32, 43 , 123 N. W. 2d 535 . Sec. 940.02 (second-degree murder) and sec. 941.30 (endangering the safety of another) are identical except for the description of the resultant harm. If second-degree murder is a lesser included crime to a charge of first-degree murder it follows that a factual situation showing all of the acts of second-degree murder except death is a lesser included crime in an information charging first-degree murder.””
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.