161 W. Va. 776 - State v. Alexander’s Empirical Analysis
1978
Citation profile
12 federal appellate · 26 state decisions
How this case has been cited
Cited by 39 later decisions — most recently October 2010 · most notably 173 W. Va. 43 - State v. Kopa (1983), 180 W. Va. 342 - State v. England (1988)
12 federal appellate · 26 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 Mullaney v. Wilbur · Klopfer v. State of North Carolina · 159 W. Va. 738 - State v. Pendry · State v. Hollars · 159 W. Va. 691 - State v. Milam
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"An instruction is proper that says that where the state has established a prima facie case and a defendant relies upon the defense of alibi, the burden is upon him to prove it, not beyond a reasonable doubt, nor by a preponderance of the evidence, but by such evidence, and to such a degree of certainty, as will, when the whole evidence is considered, create and leave in the mind of the jury a reasonable doubt as to the guilt of the accused.””
7 later decisions quote this exact passage“"The Court instructs the jury that where a person is charged with and on trial for an offense offers in his defense evidence for the purpose of proving that he was not present at the place where, and at the time when, the offense was committed, such defense is, in law, called an alibi. “The Court instructs the jury that where the accused relies upon an alibi in his defense, the burden rests upon him; yet this in nowise relieves the State, if it seeks a conviction in this case, from the necessity of making out its cause against the defendant to the exclusion of all reasonable doubt; and while the accused carries the burden of proving his alibi, his evidence in support thereof requires an acquittal, if it creates a reasonable doubt in the minds of the jury, of his presence at the time and place of the commission of the offense.””
1 later decision quote this exact passage“[w]hen an indictment is found in any county, against a person for a felony or misdemeanor, the accused, if in custody, or if he appear in discharge of his recognizance, or voluntarily, shall, unless good cause be shown for a continuance, be tried at the same term.”
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.