32 Ala. App. 477 - Hubbert v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As said in Clemons v. State, 167 Ala. 20 , 52 So. 467 , 472: ‘Strictly speaking, the burden of proof is never on the defendant to establish his innocence, or to disprove the facts necessary to establish the crime for which he is charged. In all criminal cases, if the evidence, or any or all of it, raises in the mind of the jury a reasonable doubt as to his guilt, he should be acquitted.’ “More specifically as pertaining to the burden resting on a defendant to sustain his plea of self defense our Supreme Court in Roberson’s case, Roberson v. State, 183 Ala. 43 , 62 So. 837 , 841 said: ‘If the jury have a reasonable doubt, generated by all the evidence in the cause, as to whether the defendant acted in self-defense or not, then they should acquit.’ “Despite cases in our reports seeming to state a different rule (see'Robinson v. State, 108 Ala. 14 , 18 So. 732 ; Ragsdale v. State, 12 Ala.App. 1 , 67 So. 783 ; McBryde v. State, 156 Ala. 44 , 47 So. 302 ), it is now definitely settled that the rule as to the burden resting on a defendant where he relies on self defense as a justification is that he must only offer such evidence as will, when considered with the whole evidence, generate in the minds of the jury a reasonable doubt of his guilt. Baker v. State, 19 Ala.App. 432 , 98 So. 213 ; Barbaree v. State, 24 Ala.App. 127 , 130 So. 903 ; Lee v. State, 24 Ala.App. 168 , 132 So. 61 .””

   2 later decisions quote this exact passage
   e.g. 40 Ala. App. 118 - Davis v. State · 40 Ala. App. 503 - Lester v. State