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← 356 SO2D 216 - Williams v. State

Williams v. State’s Empirical Analysis

1977

Citation profile

4
cited by 4 later decisions
1
states following
September 1990
most recently cited

4 state decisions

How this case has been cited

Cited by 4 later decisions — most recently September 1990

4 state decisions

20197719801990decided

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 49 Ala. App. 690 - Powers v. State · Brown v. State · Mackey v. State · Madison v. State · 55 Ala. App. 642 - Luckie 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"The controlling statutory law on the point is Code 1975, § 20-2-70 (a), which provides in pertinent part: " 'Except as authorized by this chapter, any person who possesses, sells, furnishes, gives away, . . . controlled substances . . . is guilty of a felony . . .; provided, that any person who possesses any marihuana for his personal use only is guilty of a misdemeanor. . . .' "Possession of marijuana is not a lesser included offense, but it is a co-ordinate offense to the crime, and to a charge, of selling marijuana. "The possession of marijuana for personal use only is antipodal to the crime of selling marijuana. In an appropriate case charging possession of marijuana, its possession for personal use only may constitute a lesser included offense. Defendant's charge 26 states abstractly a correct proposition of law, but it cannot be applied to the facts in this case, in which the sole issue presented is whether defendant made a sale of marijuana as charged in the indictment. " 'Selling marihuana is inconsistent with possession of marihuana for personal use only. The guilt of defendant turned on whether he made a sale to Kirksey, as testified by Kirksey, or, on the other hand whether he did not make a sale, as testified by defendant. The testimony of the one is not reconcilable with the testimony of the other. There was no middle ground. The only factual finding possible, consistent with the evidence, was either a finding of not guilty or a finding of guilt of selling marih”
    2 later decisions 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.