People v. Bumbaugh’s Empirical Analysis

Citation profile

5 federal appellate · 52 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “assault by means of force likely to produce great bodily injury.]; see 1 Witkin & Epstein, Cal.Criminal Law, supra, Crimes Against the Person, § 419, p. 481 [”

   2 later decisions quote this exact passage
   e.g. 1 Cal. 3d 444 - People v. Hood · 19 Cal. 4th 1206 - People v. Sargent

2. “What force is likely to produce great bodily injury is a question of fact to be determined by the jury [trier of the facts].”

   2 later decisions quote this exact passage
   e.g. People v. Barton · 19 Cal. 4th 1206 - People v. Sargent

3. ““An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another, “The term ‘violent injury’, as used in this definition, does not require that the injury be a severe one, but includes any wrongful act committed by means of physical force against the person of another even though it entails no pain and leaves no mark. “To constitute an assault, it is not necessary that any actual injury be inflicted, but if an injury is inflicted, that fact may be considered by the jury, in connection with all other evidence, in determining whether an assault has been committed and, if so, the nature of the assault.” (CALJIC 602.) “An assault with a deadly weapon is an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another with a deadly weapon. “A deadly weapon is any object, instrument or weapon which is used in such a manner as to be capable of producing, and likely to produce, death or great bodily injury, “To constitute an assault with a deadly weapon, actual injury need not be caused. The characteristic and necessary elements of the offense are the unlawful attempt, with criminal intent, to commit a violent injury upon the person of another, the use of a deadly weapon in that attempt, and the then present ability to accomplish the injury. If an injury is inflicted, that fact may be considered by the jury, in connection with all the evidence, in determining the means used, the manner ”

   1 later decision quote this exact passage
   e.g. People v. Marceaux