State v. Lyell’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘One who, before or during the commission of a crime, intentionally and knowingly aids or encourages the commission thereof is guilty of that offense. State v. Lute, 608 S.W.2d 381, 384 (Mo. banc 1980). Aiders and abetters who act with common purpose with active participants in the crime, incur criminal liability by any form of affirmative advancement of the enterprise. The state’s proof to effect a proper conviction need not show that defendant personally committed every essential element of the crime. State v. Pierson, 610 S.W.2d 86, 91 [6] (Mo.App.1980). Among other things, in-dicia of aiding and abetting are presence at the scene of the crime, flight therefrom and association with others involved before, during and after commission of the crime. State v. Kennedy, 596 S.W.2d 766, 769 [5] (Mo.App.1980). Proof of any form of participation by defendant in the crime is enough to support a conviction [State v. Nickelson, 546 S.W.2d 539, 543 [5] (Mo.App.1977) ] and his presence at the scene, his companionship and conduct before and after the offense are circumstances from which one’s participation in the crime may be inferred. State v. Nichelson, supra at 543 [8].’ State v. Lyell, 634 S.W.2d 239, 241 [1-5] (Mo.App.1982).””

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

2. “Proof of any form of participation by defendant in the crime is enough to support a conviction ... and his presence at the scene, his companionship and conduct before and after the offense are circumstances from which one's participation in the crime may be inferred.”

   1 later decision quote this exact passage
   e.g. State v. O'DELL