People v. Vanard’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The next objection which is urged, is the informality of the verdict. The defendant was indicted for ‘an assault with the intent to commit murder.’ The jury found the prisoner ‘guilty of an assault with the intent to do bodily injury.’ "In the case of The People v. Nugent, ( 4 Cal. 341 ), we held that an indictment for an assault with a deadly weapon, with the intent to do great bodily injury, need not contain the allegation that the same was ‘committed without considerable provocation;’ that although such language qualifies the character of the offense, yet it does not enter into the gist of the charge; that the words are a .negative qualification of the offense which need not be averred, but -must be relied on for defense on the trial. "In the present case it is apparent that the verdict does not find the prisoner guilty of the crime charged in the indictment, to wit: ‘ail assault with an intent to commit murder.’ Let us, then, inquire :if there is any lesser offense embraced in this charge of which the prisoner is found guilty by the verdict. The next in grade is, ‘an assault with a deadly weapon, instrument, or other thing, with the intent to inflict upon the person of another a bodily injury, where no considerable provocations appears, or where the circumstances of the assault show an abandoned and malignant heart..’ Now, although the provocation and the circumstances need not be alleged in the indictment, and consequently not set out in the verdict, still it is apparen”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Alvarado