Pinkerton v. State’s Empirical Analysis
1945
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 1982
24 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 Montgomery v. State · 17 Ala. App. 469 - Montgomery v. State · Bibb v. State · Smith v. State · Frazer v. State
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In the oral charge the court also stated in regard to the impeachment of a witness, that, if the jury believed that any witness had testified falsely as to some material fact, they may at their discretion disregard the remainder of his testimony. The opinion of the Court of Appeals concedes that this oral instruction incorrectly stated the rule of law in that respect. In Montgomery v. State , 17 Ala. App. 469 , 86 So. 132 , reviewed by this court in Montgomery v. State , 204 Ala. 389 , 85 So. 785 , it was pointed out that before a jury is authorized to disregard the testimony upon the principle of falsus in uno, falsus in omnibus, it must appear that the testimony so given was wilfully false, and that it related to material matters. Numerous authorities are cited, both from the Court of Appeals and from this court, and the statement is so well understood as to call for no further citation in that regard." Pinkerton v. State , 246 Ala. 540 , 541 , 22 So.2d 113 , 114 .”
1 later decision quote this exact passage · from the majority““To hold it the duty of counsel for the defendant under the circumstances to have requested a charge in writing correctly stating the applicable rule of law would have placed upon him an unnecessary burden, in view of the well-understood rule that the oral charge prevails over written instructions. Furthermore, no such duty rests upon counsel, as he performed his full duty in calling the attention of the court to the error in the oral charge by duly reserving an exception thereto. We think it was not a matter as to which explanatory charges would be required, and reversible error is not to be avoided in the manner point ed out in the opinion of the Court of Appeals.””
1 later decision quote this exact passage · from the majority
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.