Keener v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e do not think the evidence is sufficient to establish the offenses of stealing Nolen’s Oldsmobile and of stealing his camper, separate and apart from the theft of the items taken from his home by force and intimidation, which formed the basis for the robbery charge. Larceny is defined by Tennessee law as “the felonious taking and carrying away of the goods of another.” T.C.A. § 39-4202. 2 Our courts have held that robbery is but an aggravated form of larceny. State v. Scates, 524 S.W.2d 929 (Tenn.1975). Thus, separate convictions for both larceny and armed robbery involving the same offense cannot be permitted to stand under Tennessee law. State v. Black, 524 S.W.2d 913 (Tenn.1976). Is the taking of the various items described in the indictment the “same offense”? We conclude, under the proof in this case, that it is. In the first place, the record shows that the keys to the two vehicles were taken by Keener from inside the house, while Nolen was being held there at gunpoint.. A fair reading of the evidence thus indicates that the defendants’ intent to steal the vehicles was formed at the same time that the other items enumerated in the armed robbery count were taken. Several articles specified in that count were actually loaded into the camper while Nolen was being confined by force in the trunk of the Oldsmobile. It is therefore clear beyond question that the intent to steal both the Oldsmobile and the camper arose considerably in advance of the time that the two vehicl”

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