People v. Carter’s Empirical Analysis

Citation profile

2 federal appellate · 40 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The necessary element of malice may be either express or implied, as where the fact has been attended with such circumstances as to evince a plain indication of a reckless heart and . mind. [Citations.] There is a presumption that a sane person intends all of the natural and probable consequences flowing from his own deliberate act. [Citation.]””

   3 later decisions quote this exact passage · from the majority
   e.g. 46 Ill. App. 3d 389 - People v. McCord · People v. Massey

2. ““A deadly weapon is not necessarily one manufactured for the special purpose of taking animal life, nor need it be of any certain size or description. This court has defined a deadly weapon as ‘an instrument that is used or may be used for the purpose of offense or defense and capable of producing death. Some weapons are deadly per se, others, owing to the manner in which they are used, become deadly. A gun, pistol or dirkknife is itself deadly, while a small pocket knife [emphasis added in Carter], a cane [emphasis added now], a riding whip, a club, or baseball bat may be so used as to be a deadly weapon.’ (People v. Dwyer, 324 Ill. 363, 364 .) Those instrumentalities not considered deadly per se may thus clearly become such by the manner in which they are used. Acers v. United States, 164 U.S. 388 ; McNary v. People, 32 Ill. App. 58 ; Schwarz v. Poehlmann, 178 Ill. App. 235 .””

   1 later decision quote this exact passage · from the majority
   e.g. 46 Ill. App. 3d 343 - People v. Lee

3. ““ ‘The specific intent required by the charge is found, not from the nature or seriousness of the injury inflicted, but from the proof of the reckless character and manner of the assault, the instrument made use of by the assailant, and the other facts and circumstances shown by the evidence as indicating a malicious heart and mind.’ ” 25 Ill. 2d 451, 454 , 185 N.E.2d 209, 210 , quoting People v. Carter (1951), 410 Ill. 462, 467 , 102 N.E.2d 312, 314-15 .”

   1 later decision quote this exact passage · from the majority
   e.g. 110 Ill. App. 3d 19 - People v. Chatman