Childs v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) A person commits an offense if he has sexual intercourse with a female not his wife without the female’s consent. “(b) The intercourse is without the female’s consent under one or more of the following circumstances: “(1) he compels her to submit or participate by force that overcomes such earnest resistance as might reasonably be expected under the circumstances; “(2) he compels her to submit or participate by any threat, communicated by actions, words, or deeds, that would prevent resistance by a woman of ordinary resolution, under the same or similar circumstances, because of a reasonable fear of harm;””

   2 later decisions quote this exact passage
   e.g. Rubio v. State · Ex parte Bunch

2. “A logical deduction arising from a reasonable reading of the entire indictment is that the prosecutrix submitted to appellant’s act because he threatened her with the imminent infliction of death. If the evidence showed that some other person were the object of the threat, it would be a variance between the allegation and the proof.”

   2 later decisions quote this exact passage
   e.g. Rubio v. State · Amador v. State

3. ““knowingly and intentionally, by force and threats, have sexual intercourse with [the prosecutrix], a female not his wife, without the consent of [the prosecutrix], and did then and there compel [the prose-cutrix] to submit to such act of sexual intercourse by threatening the imminent infliction of death.””

   2 later decisions quote this exact passage
   e.g. Goss v. State · Ex parte Bunch