Colbert v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . while it is true that the defendant’s intent must be to have intercourse with the prosecutrix in spite of any resistance she might make, Cape v. State, 61 Okl.Cr. 173 , 66 P.2d 959 (1937), and that mere licentious conduct, or even violent familiarity is not enough, it is also true that intent is a question of fact for the jury, whose decision we will not disturb when it is based upon competent evidence. Further, the fact that the defendant stopped short of actually having intercourse with the prosecutrix is of no consequence because the act of assault with intent to rape was completed at the moment defendant first laid hands on the victim with intent to rape. See, People v. Bradley, 71 Cal.App.2d 114 , 162 P.2d 38 (1945). In Privitt v. State, Okl.Cr., 336 P.2d 925 (1959), in Syllabus No. 3, this Court stated: On a charge of assault with intent to rape, what the assailant meant to do, and the manner in which he intended to accomplish his purpose, whether by persuasion, force, or fear, is a question of fact to be determined by the jury; and an appellate court should not disturb their finding simply because conflicting inferences may reasonably be deduced from the evidence.”

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