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← 73 CAL 345 - People v. West

People v. West’s Empirical Analysis

1887

Citation profile

8
cited by 8 later decisions
2
states following
May 1963
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 1963

8 state decisions

20188718901900191019201930194019501960decided

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 People v. Mccurdy · People v. March · People v. Coch

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. ““The jury were given four forms of verdict, the court saying ‘I have prepared forms of verdict for you. You will find that they conform to the definition of the crime and the different offenses which I have defined to you. If your verdict be that the defendant is guilty of the offense charged in this information, then it is simply essential for you to find a verdict like the following: “We, the jury in the above-entitled case, find the defendant guilty,” and that imports the conviction of the offense with which the defendant is charged in the information. If, however, you should in your wisdom arrive at the conclusion that the defendant is guilty of the lower crime of assault, which I have defined to you, then in that event it will be essential that you designate the character of the offense; and your verdict in that case would be: “We, the jury, find the defendant guilty of assault.” ’ In the case upon which appellant relies (People v. Ah Gow, 53 Cal. 628 ), the form of the verdict was: ‘Guilty of the indictment as charged to him.’ It was there held that the jury had failed to find the defendant guilty of anything. An assault with intent to commit murder is not divided into degrees, and the general rule is, that a verdict of guilty is a conviction upon every material allegation in the information. People v. March, 6 Cal. 543 . Section 1151 of the Penal Code provides that a verdict of guilty upon the general issue imports a conviction of the crime charged in the information. ”
    1 later decision quote this exact passage

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.