Evanson v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Conviction of lesser offense. — The defendant may be found guilty of an offense necessarily included [emphasis added] in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense.””

   3 later decisions quote this exact passage
   e.g. Jahnke v. State · Balsley v. State

2. “"* * * To constitute an assault with a deadly weapon (aggravated assault, § 6-70B), actual injury need not be caused. The elements of the offense are the unlawful attempt with unlawful intent (maliciously) to accomplish a violent injury upon the person of another, the use of a deadly weapon in that attempt and the present ability to accomplish the injury. People v. Rocha, 1971, 3 Cal.3d 893 , 92 Cal. Rptr. 172 , 479 P.2d 372 . In Elliott v. State, 1934, 47 Wyo. 36, 45 , 30 P.2d 791, 793 , are several definitions making it clear that the term `maliciously' embraces, amongst other things, the element of unlawful intent." (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. Brightwell v. State · Fuller v. State

3. “"(b) With dangerous weapon. — Whoever, while armed with a dangerous or deadly weapon, including an unloaded firearm, maliciously perpetrates an assault or an assault and battery upon any human being, shall be fined not more than one thousand dollars ($1,000.00), or be imprisoned in the penitentiary not more than fourteen (14) years, or both."”

   2 later decisions quote this exact passage
   e.g. Brightwell v. State · Hampton v. State