Ace v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We believe the state’s position is well taken and that clarification of our holding in Andrew is appropriate. Since the theft by receiving statute now provides that a defendant has only to be reckless about whether the property involved in the offense is actually stolen, it would be inconsistent to require proof that the defendant also intended to actually deprive a particular owner of the stolen property in question. To avoid inconsistency, the secondary intent requirement for theft by receiving should properly focus on the intent of the accused toward the stolen property, and not on his intent toward the owner of that property. Thus, in addition to establishing that the accused acts with reckless disregard for the fact that property was stolen, the state need only establish, that he intended to appropriate the stolen property to his own use, or to the use of some third party who is not the rightful owner. [Footnote omitted.]”

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

2. “[W]e believe that an intent to appropriate [or deprive] ... may be defined as an intent on the part of the accused to ... cause permanent or virtually permanent loss to any possible owner of the possession or use of the property. [Emphasis added.]”

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

3. “dispose of the property of another for the benefit of oneself or a third person[.]”

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