State v. Barber’s Empirical Analysis
1968
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently February 2016
2 federal appellate · 19 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 Jones v. United States · 30 Cal. 2d 589 - People v. Greer · 45 Cal. 2d 171 - In Re Hess · 64 Cal. App. 2d 592 - People v. Krupa · State v. Sinnott
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"California under a statute which is identical with our statute in essential particulars, Cal.Penal Code, Sec. 1159, has held the test of a necessarily included offense is simply that where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense. People v. Greer, 30 Cal.2d 589 , 184 P.2d 512 . If, in the commission of acts made unlawful by one statute the offender must always violate another, the one offense is necessarily included in the other. People v. Krupa, 64 Cal.App.2d 592 , 149 P.2d 416 . Before a lesser offense can be said to constitute a necessary part of a greater offense, all the legal ingredients of the corpus delicti of the lesser offense must be included in the elements of the greater offense. If an element necessary to establish the corpus delicti of the lesser offense is irrelevant to the proof of the greater offense, the lesser cannot be held to be a necessarily included offense. People v. Whitlow, 113 Cal.App. 2d 804 , 249 P.2d 35 ; People v. Schumacher, 194 Cal.App.2d 335 , 14 Cal.Rptr. 924 ; State of Utah v. Woolman, 84 Utah 23 , 33 P.2d 640 , 93 A.L.R. 723 . See also In re Hess, 45 Cal.2d 171 , 288 P.2d 5 ."”
3 later decisions quote this exact passagee.g. State v. Myott · State v. Black“"Under the provisions of SDC 13.2801 the use of force or violence by the man is not an element of the crime of rape where the female is under the age of eighteen years. * * ¥ We are of the opinion, therefore, that the crime of assault as defined by our law is not an offense 'necessarily included' in the crime charged by this information."”
1 later decision quote this exact passagee.g. State v. Kiehn“the use of force or violence is not an element of the crime of second degree rape, sometimes termed statutory rape, and thus an offense dependent thereon is not a necessarily included offense. Accordingly, the trial court did not err in refusing to instruct on assault and battery as an included offense.”
1 later decision quote this exact passagee.g. State v. Black
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.