62 Ohio App. 2d 86 - State v. Moore’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]f the trier could reasonably find against the state and for the accused upon one or more of the elements of the crime charged and for the state and against the accused on the remaining elements, which by themselves would sustain a conviction upon a lesser included offense, then a charge on the lesser included offense is both warranted and required, not only for the benefit of the state but for the benefit of the accused.””

   1 later decision quote this exact passage
   e.g. 8 Ohio App. 3d 12 - State v. Morris

2. ““The trial court erred in finding the defendant-appellant guilty of corruption of a minor, O.R.C. 2907.04, a felony of the third degree, as a lesser included to counts 20 (rape, O.R.C. 2907.02) and 46 (gross sexual imposition, O.R.C. 2907.05), as the counts finding [sic ] are against the manifest weight of the evidence.””

   1 later decision quote this exact passage
   e.g. 121 Ohio App. 3d 750 - State v. Hairston

3. ““However, the doctrine of ‘inferior degrees’ or ‘included offenses,’ whereby a defendant may be found not guilty of the offense charged but guilty of a lesser included offense, relates only to offenses of the same general character and not to distinct and independent offenses of different classes.””

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