People v. Hickok’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The second contention of appellant is that the evidence fails to show a violation of section 288a of the Penal Code. That section provides: ‘Any person participating in the act of copulating the mouth of one person with the sexual organ of another is punishable by imprisonment in the state prison for not exceeding fifteen years.’ The theory seriously urged by appellant is that, since the evidence admittedly shows that the prosecutrix had her teeth tightly clenched, a violation of the section did not occur. To state the contention is to refute it. The lips constitute the entrance to, and are part of, the mouth. Admittedly, the evidence shows a penetration beyond the lips of the prosecutrix. Cases such as People v. Angier, 44 Cal. App. 2d 417, 112 P.2d 659 , and People v. Coleman, 53 Cal. App. 2d 18 , 127 P.2d 309 , are not here applicable. In those cases there was no penetration — here there was an insertion into the mouth beyond the lips. The degree of penetration is a false factor. Any penetration of the mouth, no matter how slight, constitutes a violation of the section. (People v. Milo, 89 Cal. App. 2d 705 , 201 P.2d 556 .)” ( 96 Cal. App. 2d at 628 ; 216 P.2d at 145 .)”

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