338 So. 2d 1050 - Brown v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . [I]f two or more crimes constitute one criminal transaction, evidence of the other crime or crimes is admissible. In Parsons v. State , 251 Ala. 467 , 477 , 38 So.2d 209 , it was stated: `But the rule is that if several crimes in fact constitute one criminal transaction, evidence of all such crimes may be given as part of the res gestae of the offense with which defendant is charged. Allison v. State , 1 Ala. App. 206 , 55 So. 453 ; Askew v. State , 6 Ala. App. 41 , 60 So. 455 ; Ingram v. State , 39 Ala. 247 , 84 Am.Dec. 782.' "Judge McElroy, citing numerous supporting authorities, has the following to say on the subject: `Evidence of accused's commission of another crime is admissible if such other crime is inseparably connected with, or is a `part of the res gestae' of the, now-charged crime; or, if such other crime and the now-charged crime are parts of one continuous transaction or one continuous criminal occurrence . . .' McElroy, Law of Evidence in Alabama , § 69.01 (3)."”

   2 later decisions quote this exact passage
   e.g. Ex Parte Baldwin · 456 So. 2d 117 - Baldwin v. State

2. “"THE COURT: Mr. Pearson and Mr. Morrow, they seem to be qualified. Do you have any additional questions from the State? "MR. PEARSON: We have a couple. We would like to know if anybody has any religious scruples, or any other scruples, about fixing punishment at death in this case if the State proves beyond a reasonable doubt that the defendant is guilty. "THE COURT: Ladies and gentlemen of the jury, do any of you have any scruples, religious or otherwise, which would prevent you from sentencing this defendant to death by electrocution, if, in your mind, his guilt had been established beyond a reasonable doubt and to a moral certainty? (No response.) "THE COURT: Do you understand the question? Do any of you have any scruples, religious or otherwise, if you were selected as a juror in this case that you could not pronounce the judgment of execution against this defendant if his guilt had been established beyond a reasonable doubt and to a moral certainty?”

   1 later decision quote this exact passage
   e.g. 456 So. 2d 117 - Baldwin v. State