State v. Hittson’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The gravamen of the crime of incest, as of rape, is the unlawful carnal knowledge. In rape it is unlawful because accomplished by unlawful means. In incest it is unlawful, without regard to the means, because of consanguinity or affinity. Where both the circumstances of force and consanguinity are present * * * it is not less incest because the element of rape is added, and it is not less rape because perpetrated upon a relative.”

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

2. “[T]he purpose of the [incest] statute is to prevent sexual intercourse between close relatives, and the free act of the one being tried, with knowledge of the relationship, is all that is required. It is immaterial that the same testimony would have sustained a conviction for rape.”

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

3. “[Tin the great majority of states it is held that the consent of both parties is not essential, and that a defendant may be convicted of incest though he use such force as makes it rape. We think the better reason is with the majority.”

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