32 Ala. App. 338 - Reed v. State’s Empirical Analysis
1945
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 1987
14 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. 126 - Wilson v. State · Talbert v. State · Roberts v. State · McMullen v. State · Kirby 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is also a familiar law that there is a strong presumption of the absence of the element of felonious intent when the taking and conveyance of the property is without secrecy and there is no subsequent effort to conceal or hide it and no denial of the true facts relating to the asportation. Bonner v. State, 125 Ala. 49 , 27 So. 783 ; McMullen v. State, supra. “This rule, however, only amounts to an evidential presumption which the jury should consider in determining the guilt or innocence of the accused. “The Supreme Court in the early case of McMullen v. State, supra, made this observation: We do not understand the author as asserting that larceny cannot be committed, when goods are openly taken from the possession of the owner, without force, or even without fraud; nor that because there is no secrecy at tending the taking and carrying away, but it is avowed without inquiry, the offense cannot be committed. If such was the law, the bolder and more reckless the criminal, the greater his chances of escaping conviction. Clandestinity and falsehood are usual attendants of larceny; but it is sometimes committed openly, and boldly avowed. A strong presumption arises, when the taking is open, and there is no subsequent attempt to conceal the property, and no denial but an avowal of the fact, that there is not a felonious intent, which ought to be repelled by clear and convincing evidence, before there is a verdict and judgment of conviction. * * * The rule is very clearly state”
1 later decision quote this exact passage“The factual issues in the case were closely intwined around the inquiry of felonious intent. The appellant should, therefore, have been permitted to put into evidence any material facts which would tend to disprove this intent.”
1 later decision quote this exact passage“' Baughn v. State, 22 Ala.App. 517 , 117 So. 608 ; `”
1 later decision quote this exact passage
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.