364 So. 2d 411 - Moore v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the absence of an objection by counsel, a motion to exclude, a ruling on the objection, or a refusal of the trial judge to rule thereon, improper argument or remarks by counsel are not subject for review by this court. Brown v. State , 50 Ala. App. 471 , 280 So.2d 177 ; Veith v. State , 48 Ala. App. 688 , 267 So.2d 480 ; Hutcherson v. State , 40 Ala. App. 417 , 114 So.2d 572 . However, an exception to this rule exists where the comment is so prejudicial that its effect is ineradicable. Anderson v. State , 209 Ala. 36 , 95 So. 171 ; Christian v. State , Ala. 351 So.2d 623 ; Gunnels v. Jimmerson , Ala. 331 So.2d 247 . But, in view of the materiality of the appellant's mental condition, we do not believe that the comment falls within this exception. See Lyons v. State , 53 Ala. App. 111 , 298 So.2d 42 . It is our judgment that, without a timely objection, this court has nothing to consider.”

   1 later decision quote this exact passage
   e.g. 425 So. 2d 441 - Banner Welders, Inc. v. Knighton

2. “[w]here sufficient mental capacity exists to entertain the requisite criminal intent, neither abnormality nor sub-normality will preclude liability for the commission of a crime”

   1 later decision quote this exact passage
   e.g. 575 So. 2d 108 - Wesley v. State