State v. Damms’s Empirical Analysis
1960
Citation profile
4 district · 43 state decisions
How this case has been cited
Cited by 49 later decisions — most recently June 2019 · most notably State v. Benzel (1985), 83 Wis. 2d 630 - Randolph v. State (1978)
4 district · 43 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 People v. Kong · Kunkle v. State · State v. Swails · Mullen v. State · State v. Glover
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Sound public policy would seem to support the majority view that impossibility not apparent to the actor should not absolve him from the offense of attempt to commit the crime he intended. An unequivocal act accompanied by intent should be sufficient to constitute a criminal attempt. In so far as the actor knows, he has done everything' necessary to insure the commission of the crime intended, and he should not escape punishment because of the fortuitous circumstances that by reason of some fact unknown to him it was impossible to effectuate the intended result.” State v. Damms, 9 Wis.2d 183, 190, 191 , 100 N.W.2d 592 (1960).”
4 later decisions quote this exact passage““An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that he does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that he formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.””
1 later decision quote this exact passage““ ‘Emphasis upon the dangerous propensities of the actor as shown by his conduct, rather than upon how close he came to succeeding, is more appropriate to the purposes of the criminal law to protect society and reform offenders or render them temporarily harmless.’ ” State v. Damms, supra, page 188.”
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.