31 Ala. App. 571 - Mullins v. State’s Empirical Analysis

Citation profile

2 federal appellate · 71 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . Without question, a person’s behavior becomes a basis upon which his associates, friends and neighbors must rely in appraising his character or reputation. The inquiry, however, should not be directed to some particular performanee, but rather the resultant of the course of behavior as it impresses the community life of the person whose character is involved. This rule applies with equal force to both direct and cross examination of a character witness. The permission allowed to wide latitude in cross examination does not permit an infraction of the principle stated above. “ . . .In other words, on the cross-examination of a witness who has testified as to the general good character of defendant, it is permissible to ask the witness if he had not heard it reported in the community that the defendant had committed certain unworthy acts, naming them, but this even is not allowed for the purpose of affecting the character of the defendant, but as evidence affecting the credibility of the witness testifying to good character. . . . ” (Emphasis supplied.)”

   2 later decisions quote this exact passage
   e.g. Sexton v. State · 51 Ala. App. 387 - Lowery v. State

2. ““ . . . ‘Assuming that this defendant had gone to the home of another man at night time and shot a pistol around in the room and a young lady ran out by him and he ran out after her and shot the . pistol again and then he turned around when a man asked him what was the matter — he turned around and shot this man, would you say that he was a man of good character? “ ‘Assuming these facts to be true: that Mr. Mullins put a pistol in his pocket in the night time and went to the home of a citizen of Dale County and there went into the kitchen where the family were (sic), one girl whose life he had threatened, and pulled out a pistol and fired twice in the kitchen and when that girl ran out the kitchen door he fired again in that direction and when the head of the house asked him, “Mr. Mullins, what in the world is the matter?”, he turns and shoots him and kills him, do you say that that man is a man of good character for peace and quietude ?’ ””

   2 later decisions quote this exact passage
   e.g. Sexton v. State · 50 Ala. App. 121 - Mitchell v. State

3. “[A] witness may always be impeached by showing that he has made a contradictory statement as to material matters before the grand jury.”

   2 later decisions quote this exact passage
   e.g. DeBruce v. State · 423 So. 2d 268 - Millican v. State