McNary v. State’s Empirical Analysis
1981
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently October 2011
21 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 Hash v. State · Lawrence v. State · Hester v. State · 182 Ind. App. 156 - Roddy v. State · Pinkerton 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T}he term "included offense" is clearly a word of art to which a layman could not attach a common meaning. Yet it is not necessary to the jury's intellectual machinations that it understand the definition of "included offense"; rather it is only significant that the jury understand the role an included offense plays in its deliberations. The jury must be informed that should it find the defendant did not commit the element or act which distin guishes the charged crime from the included offense, it may nevertheless find the defendant guilty of the lesser and included offense.”
2 later decisions quote this exact passagee.g. Riley v. State · Johnson v. State“"[DJefendant was either guilty of the offense charged-robbery resulting in bodily injury-or he was not guilty of any offense. To permit the jury to consider whether defendant was guilty of one of the lesser offenses would have allowed the jury to 'speculate upon a third factual situation upon which there was no evidence.' In turn, the door would have been opened for a compromise verdict, a potentiality ... to preclude."”
1 later decision quote this exact passagee.g. Metcalf v. State
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.