31 Ala. App. 52 - Garner v. State’s Empirical Analysis

Citation profile

6 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As we see it, the established test to which a plea of former jeopardy must be subjected is, whether the facts averred in the second indictment, if found to be true, would have warranted a conviction upon the first indictment. In other words, in determining whether both indictments charge the same offense, the test generally applied is that when the facts necessary to convict on the second prosecution would necessarily have convicted on the first, a final judgment on the first prosecution will be a bar to the second; but if the facts which will convict on the second prosecution would not be sufficient to convict on the first, then *Page 491 the first will not be a bar to the second. Such has been the holding in innumerable decisions of the appellate courts of this State, some of which are hereby cited: Foster v. State , 39 Ala. 229 ; Gordon v. State , 71 Ala. 315 ; Hall v. State , 134 Ala. 90 , 115 , 32 So. 750 ; Ex parte State, etc. , 210 Ala. 69 , 70 , 97 So. 240 ; Eastep v. State , 25 Ala. App. 593 , 151 So. 616 ."”

   1 later decision quote this exact passage
   e.g. 477 So. 2d 489 - Wright v. City of Montgomery