State v. Brotherton’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. “A person is responsible for his own conduct and he is also responsible for the conduct of another person in committing an offense if he acts with him with the common purpose of committing that offense, or if, for the purpose of committing that offense, he aids or encourages the other person in committing it. If you find and believe from the evidence beyond a reasonable doubt: First, that on or about December 28, 1990, in the County of Boone, State of Missouri, David Hickem took United States Currency, which was property in possession of Christopher A. Francis, and Second, that David Hickem did so for the purpose of withholding it from the owner permanently, and Third, that David Hickem in doing so threatened the immediate use of physical force on or against Christopher A. Francis for the purpose of forcing Christopher A. Francis to deliver up the property, and Fourth, that in the course of taking the property, David Hickem used or threatened the immediate use of a dangerous instrument against Christopher A. Francis, then you are instructed that the offense of robbery in the first degree has occurred, and if you further find and believe from the evidence beyond a reasonable doubt: Fifth, that with the purpose of promoting or furthering the commission of robbery in the first degree, the defendant aided or encouraged David Hickem in committing that offense, then you will find the defendant guilty of robbery in the first degree. However, unless you find and believe from the evide”

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