State v. Terry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that to prove beyond a reasonable doubt that a defendant committed a robbery, the state must necessarily also prove larceny, because every robbery necessarily includes a larceny
• explaining that elements are subsumed when “the burden of proof of the major crime cannot be discharged[] without proving the lesser crime as an essential link in the chain of evidence”
• applying rule to permissive, as well as necessarily, lesser included offense
• “Therefore, if the trial judge . . . found sufficient evidence to instruct the jury on the major offense of assault with intent to commit murder in the first degree, he should have instructed the jury on the necessarily included lesser offense of bare assault.”
• “Therefore, if the trial judge . . . found sufficient evidence to instruct the jury on the major offense of assault with intent to commit murder in the first degree, he should have instructed the jury on the necessarily included lesser offense of bare assault.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

• Beck v. Alabama
  Supreme Court· 1980-06-20· cited 2,209×
• Adams v. State
  Supreme Court of Florida· 1976-12-16· cited 67×
• Tucker v. State
  Supreme Court of Florida· 1984-10-25· cited 63×
• Lomax v. State
  Supreme Court of Florida· 1977-03-31· cited 58×
• Filmon v. State
  Supreme Court of Florida· 1976-06-23· cited 54×
• Martin v. State
  Supreme Court of Florida· 1977-02-03· cited 48×
• Jones v. State
  District Court of Appeal of Florida· 1996-01-10· cited 41×
• Silvestri v. State
  District Court of Appeal of Florida· 1976-05-14· cited 34×
• Burney v. State
  District Court of Appeal of Florida· 1981-07-31· cited 19×
• Cuba v. State
  District Court of Appeal of Florida· 1978-07-11· cited 16×
• Wheat v. State
  District Court of Appeal of Florida· 1983-06-30· cited 15×
• Tascano v. State
  District Court of Appeal of Florida· 1978-10-18· cited 13×
• Lightfoot v. State
  District Court of Appeal of Florida· 1976-04-14· cited 13×
• Gillespie v. State
  District Court of Appeal of Florida· 1983-10-19· cited 12×
• Williams v. State
  District Court of Appeal of Florida· 1981-05-19· cited 9×
• Mathis v. State
  District Court of Appeal of Florida· 1977-07-26· cited 9×
• Blow v. State
  District Court of Appeal of Florida· 1980-08-15· cited 8×
• Abreau v. State
  District Court of Appeal of Florida· 1977-07-06· cited 8×
• Growden v. State
  Supreme Court of Florida· 1979-06-21· cited 8×
• Hammer v. State
  District Court of Appeal of Florida· 1976-12-09· cited 8×

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

• State v. Dixon
  Supreme Court of Florida· 1973-07-26· cited 745×
• Brown v. State
  Supreme Court of Florida· 1968-02-20· cited 442×
• Bernhardt v. State
  Supreme Court of Florida· 1974-01-09· cited 182×
• In Re Florida Rules of Criminal Procedure
  Supreme Court of Florida· 1973-01-29· cited 102×
• Brown v. State
  Supreme Court of Florida· 1971-02-17· cited 55×
• Becker v. Lebanon & Myerstown Street Railway Co.
  Supreme Court of Pennsylvania· 1898-11-14· cited 45×
• Hand v. State
  Supreme Court of Florida· 1967-05-17· cited 39×
• Gilford v. State
  Supreme Court of Florida· 1975-04-09· cited 37×
• State v. Anderson
  Supreme Court of Florida· 1972-10-11· cited 35×
• State v. Wilson
  Supreme Court of Florida· 1973-04-11· cited 34×
• Johnson v. State
  Supreme Court of Florida· 1974-12-11· cited 32×
• In Re Florida Rules of Criminal Procedure
  Supreme Court of Florida· 1967-03-01· cited 32×
• State v. Washington
  Supreme Court of Florida· 1972-05-10· cited 28×
• Dorminey v. State
  Supreme Court of Florida· 1975-04-16· cited 22×
• Rayner v. State
  Supreme Court of Florida· 1973-02-07· cited 21×
• Arnold v. State
  Supreme Court of Florida· 1955-07-15· cited 21×
• Silver v. State
  District Court of Appeal of Florida· 1965-03-16· cited 17×
• Cooper v. Wainwright
  District Court of Appeal of Florida· 1975-02-21· cited 15×
• Tanner v. State
  District Court of Appeal of Florida· 1967-04-13· cited 15×
• Brown v. State
  District Court of Appeal of Florida· 1966-08-30· cited 13×