King v. State’s Empirical Analysis
1980
Citation profile
33 state decisions
How this case has been cited
Cited by 37 later decisions — most recently July 2006 · most notably Brasfield v. State (1980), Tompkins v. State (1987)
33 state decisions
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 American Plant Food Corporation v. State · Granviel v. State · Burns v. State · Brem v. State · Smith v. State
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is clear that when criminal conduct, constituting an aggravated feature of an offense may be directed at a person other than the ultimate victim of the crime alleged, the specification of that person is a fact to which the accused is entitled should he request it by timely filed written motion to quash. Cf. Granviel v. State, [ 552 S.W.2d 107 (Tex.Cr.App.)] supra; Goss v. State, [ 580 S.W.2d 587 (Tex. Cr.App.)] supra; see also Vaughn v. State, 530 S.W.2d 558 (Tex.Cr.App.1975). ". . . "We hold that appellant's motion to quash in the instant case entitled him to the allegation of facts sufficient to bar a subsequent prosecution for the same offense and sufficient to give him precise notice of the offense with which he was charged. American Plant Food Corp. v. State, 508 S.W.2d 598 (Tex.Cr.App.1974). This being the case, the trial court committed reversible error in refusing to order the State to disclose the requested fact to appellant."”
4 later decisions quote this exact passage“"Now, if you believe from the evidence beyond a reasonable doubt that in Jefferson County, Texas, on or about July 1, 1978, the Defendant LINDA MAY BURNETT, acting alone or as a party with JOE DUGAS, intentionally or knowingly caused the death of JASON BLAIR PHILLIPS by shooting him with a gun, and that the murder was intentionally committed in the course of committing or attempting to commit kidnapping, you shall find the Defendant guilty of the offense of Capital Murder."”
2 later decisions quote this exact passagee.g. Burnett v. State · King v. State““While this argument might be well taken had the State alleged only kidnapping and robbery as the aggravating offenses committed or attempted during which the murder occurred, such was not the case; Article 21.03, V.A.C.C.P., directs: “Everything should be stated in an indictment which is necessary to be proved. “By virtue of the State’s additional allegation of aggravated rape, it was necessary that evidence of an attempted commission or commission of that conduct be presented by the State in order to meet its burden of proof. Indeed, such evidence was in fact adduced at trial through the testimony of the aggravated rape victim. As such, the name of the aggravated rape victim was clearly a fact which was critical to appellant’s defense preparation, and he was entitled to the benefit of that fact upon his timely request therefor. See Cruise, supra. [Cruise v. State, 587 S.W.2d 403 (Tex.Cr.App.)] Furthermore, the allegation of such fact was required to precisely distinguish the conduct alleged from other conduct by the accused, and thereby insure a bar to a subsequent prosecution for the same offense. Article 21.04, V.A.C.C.P.””
1 later decision quote this exact passagee.g. Brasfield v. State
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.