State v. Tate’s Empirical Analysis
1978
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2026
19 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 State v. Meek
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question to be determined by this court may be stated thus: Did the state present sufficient evidence to prove beyond a reasonable doubt all the elements of the crime of felonious assault where the record demonstrates that the accused pointed a gun at another person, but it is undisputed that the gun was unloaded, that the accused knew it was unloaded, and that the accused made no attempt to pull the trigger or to use the weapon in any other manner as a deadly weapon? “There is no contention by the defendant that he did not know what he was doing when he pointed the gun at Officer Munaretto. The jury could find from the evidence presented that the defendant acted knowingly when he pointed the gun at the officer. “Thus, the only element of the offense of felonious assault at issue in this cause is whether the unloaded gun used in the assault was a ‘deadly weapon. ’ “That question was determined by this court in State v. Meek (1978), 53 Ohio St. 2d 35 , where the court held that an unloaded gun used in the course of a robbery was a ‘deadly weapon.’ Since an unloaded gun used in a robbery has been determined to be a ‘deadly weapon,’ an unloaded gun used in an assault is likewise a ‘deadly weapon.’ ” (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. State v. Brooks“any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.”
1 later decision quote this exact passage · from the majority
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.