331 So. 2d 820 - Brown v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A deaf mute is not disqualified to be a witness by reason of such handicap. A deaf mute who can read and write, may give his testimony by the procedure of written questions to him and his written replies thereto and, if he can be communicated with by signs, his testimony may be given through an interpreter who understands such signs. In determining qualifications of a deaf mute to testify and the selection and qualification of the interpreter, much must be left to the sound discretion of the trial judge who has full opportunity to see and observe the witness and the interpreter in the presence and the hearing of the interested parties and their counsel. While a deaf mute may testify, the opposing party is entitled to request a written charge to the jury that the disability of the witness may be considered as bearing on the weight to be given the witness' testimony." C. Gamble, McElroy's Alabama Evidence , § 94.01 (4).”

   1 later decision quote this exact passage
   e.g. 380 So. 2d 370 - Todd v. State

2. “(i)t is well settled by modern authority that it is permissible for such witness to testify against the objections that the party against whom such testimony is given will be put to great disadvantage in cross-examination to test the witness's credibility”

   1 later decision quote this exact passage
   e.g. 380 So. 2d 370 - Todd v. State