State v. Lutheran’s Empirical Analysis

Citation profile

25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is also urged that the defendant, on the charge of incest, cannot properly be convicted of an attempt to commit incest. Section 4893, Rev. St. 1898, provides: ‘The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of the attempt to commit the offense.’ 1 When a party proceeds far enough in the perpetration of a crime as to clearly indicate his intention, coupled with an attempt to carry it into effect, and thereafter desists or fails to consummate the crime he may be found guilty of an attempt. We see no reason- why an exception should be made in the crime of incest. None is made by the statute, nor by the authorities. It is said, ‘an attempt to commit incest has been said to contain two elements — an evil intention and a simultaneous resulting act which, if fully performed, would constitute the substantive crime.’ 16 Am. & Eng. Ene. L. 141. The authorities generally hold that on a charge of incest the defendant may be convicted of an attempt to commit incest.””

   1 later decision quote this exact passage
   e.g. People v. Ortiz Rivera

2. ““It is a general rule that every completed crime necessarily includes an attempt to commit it, so that, under a charge of a completed offense, accused may be convicted of the lesser offense of attempting to commit the crime charged, as under statutes in terms providing for conviction of an attempt ...” 42 C.J.S., Indictments and Informations, § 285, p. 1305.”

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