36 Ala. App. 276 - McGee v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On the basis of this evidence we are urged to hold that in respect to the charge of assault with intent to rape the defendant was due the general affirmative charge. “In approaching this review we are required to take the evidence in its most favorable light for the prosecution. Jones v. State, 33 Ala.App. 451 , 34 So.2d 483 ; Womack v. State, 34 Ala.App. 487 , 41 So.2d 429 ; Maxwell v. State, 34 Ala.App. 653 , 43 So.2d 323 . “The rule by which we are guided is stated in Samuels v. State, 34 Ala.App. 13 , 36 So.2d 561 , 562: ‘On a charge of assault with intent to commit rape, the evidence, to be sufficient to justify the conviction, must show such acts and conduct on the part of the accused as would leave no reasonable doubt of his intention to gratify his lustful desire against the consent of the female and notwithstanding resistance on her part.’ See also, Wilson v. State, 22 Ala.App. 554 , 117 So. 615 ; Pumphrey v. State, 156 Ala. 103 , 47 So. 156 . “We do not think that it is necessary for us to analyze the evidence to illustrate our view that a jury question was presented on the question of instant concern.””

   1 later decision quote this exact passage
   e.g. 42 Ala. App. 374 - Davis v. State

2. ““ * * * he drew a pocket knife and demanded that the prosecutrix remove her clothing. When she refused, he forcibly removed her shoes, socks, jeans, and bloomers, leaving her clad only in a blouse and coat. The accused threw the girl down on the ground and unbuttoned his trousers, exposing his private parts. At this time the girl told the appellant that she had to urinate and asked to be permitted to step aside for this purpose. The permission was granted with the command that she return forthwith. “The prosecutrix did not return, but instead ran to the residence where the beer had been secured. “The officers found the girl’s pocketbook in possession of the appellant when he was arrested later the same night. They also discovered her clothing at the place of the claimed assault.””

   1 later decision quote this exact passage
   e.g. 42 Ala. App. 374 - Davis v. State