State v. Dougherty’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Crimes included in charge — Attempts. — The jury may find the defendant guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment or information, or of an attempt to commit the offense. [Emphasis added].”

   1 later decision quote this exact passage
   e.g. State v. Bender

2. “When an appellant makes an issue of a refusal to instruct on included offenses, we will survey the evidence, and the inferences which admit of rational deduction, to determine if there exists reasonable basis upon which a conviction of the lesser offense could rest.”

   1 later decision quote this exact passage
   e.g. State v. Howard

3. “[I]f there be any evidence, however slight, on any reasonable theory of the case under which the defendant might be convicted of a lesser [and] included offense, the court must, if requested, give an appropriate instruction. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. State v. Bell