6 Md. App. 32 - Halcomb v. State’s Empirical Analysis
1969
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently April 1984
18 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 United States v. Wade · Midgett v. State · 5 Md. App. 230 - Harding v. State · Williams v. State · Bruce 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The common law rule adhered to in Maryland is that a person illegally arrested by a police officer may use any reasonable means to effect his escape to the extent of using such force as is reasonably necessary under the circumstances. Jenkins v. State, 232 Md. 529 ; Williams v. State, 204 Md. 55 ; Sugarman v. State, 173 Md. 52 ; Jones v. State, 4 Md. App. 616 . Where excessive force is used to resist an unlawful arrest, the party resisting may, himself, be charged with an unlawful assault, Sharpe v. State, 231 Md. 401 ; Kellum v. State, 223 Md. 80 , and, as stated in Davis v. State, 204 Md. 44, 53 , if “more than reasonable force is used and death results under circumstances which otherwise would be murder, the grade of homicide is, say some courts, and may be, say other courts, reduced to manslaughter, because the killing was in resistance to an illegal arrest.” To like effect, see 40 Am. Jur. 2d, Homicide, Sections 103-104; Clark and Marshall, Crimes, Sections 7.03, 10.08, 10.11, 10.19; Perkins on Criminal Law, pages 51, 673; Wharton’s Criminal Law and Procedure (Anderson Edition) Sections 216, 1628. “The Davis case involved, as here, a charge of assault with intent to murder growing out of the shooting of a police officer by the defendant under circumstances tending to indicate that the officer was unlawfully attempting to arrest the defendant. The Court of Appeals there rejected the rule applicable in some states that once the illegality of the arrest is established, the”
1 later decision quote this exact passage · from the majority
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.