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← 55 CAL2D 761 - People v. Oliver

People v. Oliver’s Empirical Analysis

1961

Citation profile

113
cited by 113 later decisions
3
states following
March 2020
most recently cited

11 federal appellate · 102 state decisions

How this case has been cited

Cited by 113 later decisions — most recently March 2020 · most notably 11 Cal. 3d 738 - People v. Thornton (1974), 5 Cal. 3d 129 - People v. Rogers (1971)

11 federal appellate · 102 state decisions

3301961197019801990200020102020decided

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 46 Cal. 2d 818 - People v. Watson · United States v. Kirby · 51 Cal. 2d 152 - People v. Hyde · People v. Brown · People v. Ventura Refining Co.

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

  1. “Penal Code, section 207, as applied to a person forcibly taking and carrying away another, who by reason of immaturity or mental condition is unable to give his legal consent thereto, should ... be construed as making the one so acting guilty of kidnaping only if the taking and carrying away is done for an illegal purpose or with an illegal intent.”
    2 later decisions quote this exact passage · from the majority
  2. “the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent .”
    2 later decisions quote this exact passage · from the majority
  3. “"All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter." (United States v. Kirby (1868) 74 U.S. (7 Wall.) 482, 486-487 [ 19 L.Ed. 278, 279 ]; accord, People v. Oliver (1961) 55 Cal.2d 761, 767 [ 12 Cal.Rptr. 865 , 361 P.2d 593 ], and cases cited.)”
    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.