72 Wash. App. 774 - State v. Byrd’s Empirical Analysis
1994
Citation profile
10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 2022
10 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 In the Matter of Samuel Winship · 110 Wash. 2d 682 - State v. Scott · 67 Wash. App. 339 - State v. Lynn · 100 Wash. 2d 607 - State v. Johnson · 101 Wash. 2d 355 - State v. Allen
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An assault is an act, with unlawful force, done with intent to inflict bodily injury upon another, tending, but failing to accomplish it, and accompanied with the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted, but it is sufficient if an apprehension and fear of bodily injury is created in another. An assault is also an intentional act, with unlawful force, which creates in another a reasonable apprehension and fear of bodily injury, even though the actor did not actually intend to inflict bodily injury.”
1 later decision quote this exact passage“It is not enough to instruct a jury that an assault requires an intentional unlawful act because, given the circumstances, Byrd’s act of drawing the gun could be found to be an unlawful intentional act. Even where an act is done unlawfully and the result is reasonable apprehension in another, it still is not sufficient to convict because the act must be accompanied by an actual intent to cause that apprehension. This is the required element about which the jury was never told.”
1 later decision quote this exact passage“`of every fact necessary to constitute the crime with which he is charged.'”
1 later decision quote this exact passagee.g. State v. Nicholson
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.