Hudson v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The offense of burglary in relevant part is defined in Tex.Penal Code Ann. § 30.02 (Vernon 1974) as follows: "(a) A person commits an offense if, without the effective consent of the owner, he: "(1) enters a habitation or a building (or any portion of a building) not then open to the public, with intent to commit a felony or theft; ... "The appellant raises the question of whether the indictment charges that the attempted entry was made with intent to commit a felony or theft. "The offense of criminal attempt pursuant to Tex.Penal Code Ann. § 15.01 (Vernon Supp. 1980-1981) in pertinent part provides: "(a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. "... "(c) An offense under this section is one category lower than the offense attempted ... "Since burglary, depending on the circumstances of a case, is either a first or second degree felony, it is clear that attempted burglary is also a felony. § 30.02(c), supra. Thus appellant's allegation that the indictment failed to allege that he attempted entry with intent to commit a particular felony is without merit. In a case in which this same issue was addressed, the court found that the indictment was valid. Vaughn v. State, 530 S.W.2d 558, 560 (Tex.Cr.App.1975). "Our courts have held that an indictment for criminal attempt is not fundamentally defective for failure to allege ”

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