31 Ala. App. 323 - Ex Parte Wesley’s Empirical Analysis
1944
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 1990
10 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 Bates v. State · Bankhead v. State · 30 Ala. App. 606 - Powell v. State · 19 Ala. App. 498 - Dossett v. State · 19 Ala. App. 498 - Seitz 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Any person who is convicted of manslaughter in the first degree shall, at the discretion of the jury, be imprisoned in the penitentiary for not less than one nor more than ten years, and any person who is convicted of manslaughter in the second degree shall, at the discretion of the jury, be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year and may also be fined not more than $500.00.” (Emphasis supplied)”
1 later decision quote this exact passagee.g. Chandler v. State““The appellate courts of this state have reviewed many eases in which the trial judge fixed the punishment when he was not authorized by statute to do so. Some have involved capital offenses, others have not. All of these authorities adhere to the rule that the statutory duty of the jury to fix punishment is mandatory and the trial court cannot relieve the jury of this prerogative. [Citations omitted.]””
1 later decision quote this exact passagee.g. Norris v. State““When an offense is punishable by imprisonment in the penitentiary or hard labor for the County, the court must impose the term of punishment, unless the power is expressly conferred on the jury.” (Emphasis supplied)”
1 later decision quote this exact passagee.g. Chandler v. State
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.