340 So. 2d 896 - Smitherman 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. ““To establish the offense of buying, receiving and concealing stolen property, it must appear that the property listed in the indictment had disappeared, from where the owner left it, without his knowledge or consent. This along with other evidence that the owner reported its disappearance to the police was sufficient for the jury to infer that the property had been stolen. Johnson v. State, 41 Ala.App. 351 , 132 So.2d 485 [1961]; Franklin v. State, 47 Ala.App. 62 , 249 So.2d 882 [1971].” Smitherman v. State, 340 So.2d 896, 898 (Ala.Cr.App.1976).”

   1 later decision quote this exact passage
   e.g. 516 So. 2d 856 - James v. State

2. “[I]f as a matter of fact [the goods] had not been stolen, there could be no conviction, no matter how strong the evidence tending to show that a defendant had reasonable grounds for believing they were stolen.”

   1 later decision quote this exact passage
   e.g. Ex Parte Walls

3. “'the original granting or denial of probation is entirely within the discretion of the trial court and is not reviewable upon appeal from a judgment of conviction.'”

   1 later decision quote this exact passage
   e.g. 615 So. 2d 640 - Alderman v. State