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← 594 SW2D 754 - Bilbrey v. State

Bilbrey v. State’s Empirical Analysis

1980

Citation profile

46
cited by 46 later decisions
5
states following
August 2009
most recently cited

46 state decisions

How this case has been cited

Cited by 46 later decisions — most recently August 2009 · most notably Anderson v. State (1986), State v. Cosby (1986)

46 state decisions

360198019902000decided

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 Davis v. Alaska · Gault · Greene v. McElroy · Alford v. United States · Romo 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““... while in the course of committing theft and with intent to obtain and maintain control of the property of JESS McBRIDE ... without the effective consent of the said Complainant and with intent to deprive the said Complainant of said property, did then and there by using and exhibiting a deadly weapon, to wit: a handgun, in tentionally and knowingly threaten and place the said complainant in fear of imminent bodily injury, ...” Appellant urges that V.T.C.A., Penal Code, Section 6.02 requires that the additional allegation be made in an indictment under V.T.C.A., Penal Code, Section 29.03, that the accused intentionally and knowingly exhibited the weapon.”
    2 later decisions quote this exact passage
  2. ““The precise question presented is whether in an aggravated robbery case fundamental error attends a charge of the court to the jury applying the law to the facts which omits the specific intent element of robbery as alleged in the indictment — ‘with intent to obtain and maintain control of the property’ — but, instead states it as ‘with intent to appropriate the property.’ When, as here, the charge elsewhere instructs the jury that ‘appropriate’ means ‘to acquire or otherwise exercise control over property other than real property.’ we find that such a charge is not fatally defective.” pp. 834 — 5.”
    2 later decisions quote this exact passage
  3. “The fact that a defendant in a criminal case, or a witness in a criminal case, is or has been, charged by indictment, information or complaint, with the commission of an offense against the criminal laws of this State, of the United States, or any other State shall not be admissible in evidence on the trial of any criminal case for the purpose of impeaching any person as a witness unless on trial under such indictment, information or complaint a final conviction has resulted, or a suspended sentence has been given and has not been set aside, or such person has been placed on probation and the period of probation has not expired. In trials of defendants under Article 36.09, it may be shown that the witness is presently charged with the same offense as the defendant at whose trial he appears as a witness.”
    1 later decision quote this exact passage

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.