31 Ala. App. 374 - Rikard v. State’s Empirical Analysis
1944
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 1972
21 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 30 Ala. App. 89 - Emerson v. State · 19 Ala. App. 176 - Moon v. State · Paul v. State · Emerson v. State · 30 Ala. App. 5 - Brown 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The appeal challenges the sufficiency of this evidence to sustain the charge. A reversal is argued for the refusal of the trial court to direct a verdict for defendant. The Moon (Moon v. State, 19 Ala.App. 176 , 95 So. 830 ), and Davis (Davis v. State, 26 Ala.App. 370 , 160 So. 266 ) cases are cited as sustaining authority. It is our view, however, that these cases are readily distinguishable from the instant one, and that the court ruled correctly in submitting the issue of guilt to the jury. “As was said by the late lamented Judge Samford in the case of Lock v. State, 21 Ala.App. 81 , 105 So. 431 , 432: ‘We have said, and it is the law, that the mere presence at a still, without more, will not warrant a conviction, but any act of the defendant in and about a still which indicates an interest in, or that he is aiding or abetting in the possession, may be taken as sufficient upon which to base a verdict of guilt.’ This seems to apply here. The conduct of all three of the named parties, as testified to by Sheriff Nix, bore strongly against their innocence, and a directed verdict would have been unauthorized. See also Milam v. State, 24 Ala.App. 403 , 136 So. 831 . “It is, of course, axiomatic, in such cases, that a directed verdict is improper where the evidence raises a substantial inference against innocence. * * * ””
1 later decision quote this exact passagee.g. King 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.