Favro v. State’s Empirical Analysis
1988
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 6 later decisions — most recently August 2007
2 federal appellate · 4 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 Meggett v. State · Maple v. State
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We find two major flaws in the instructions given the jury. First of all, both parties, as well as the trial court, have erroneously characterized the offense for which appellant was convicted, Assault and Battery With a Deadly Weapon, as a lesser-included offense of Shooting With Intent to Kill, the crime with which he was charged. 21 O.S.1981, § 652. The jury should have been instructed on only one of these since “Section 652 is intended to cover all assaults made with the intent to kill: that the first sentence is for assaults with a firearm and the remainder of the Section is for other assaults with such intent.” Meggett v. State, 599 P.2d 1110 , 1113 to 1114 (Okl.Cr.1979). Even though the second portion of Section 652 has a lighter maximum sentence than the first part, that does not make it a “lesser-included offense.””
1 later decision quote this exact passagee.g. Hackett v. State“No person may be convicted of Assault and Battery With a Deadly Weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: First, An assault and battery; Second, upon another person; Third, with a deadly weapon; Fourth, with intent to take a human life.”
1 later decision quote this exact passage · from the majoritye.g. Hackett v. State
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.