37 Ala. App. 213 - Foster v. State’s Empirical Analysis
1953
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 1990
23 state decisions
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 Edwards v. State · Vernon v. State · Robinson v. State · Hussey v. State · 31 Ala. App. 423 - Shikles 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Our study of the authorities leads to the conclusion that in the earlier cases the appellate courts did not have a tendency to condemn written instructions because they were not based on the evidence. Charge 52 in the case at bar does not contain this hypothesis. Even so, it was approved in the following cases: Gregory v. State, 140 Ala. 16 , 37 So. 259 ; Brown v. State, 118 Ala. 111 , 23 So. 81 ; Howard v. State, 151 Ala. 22 , 44 So. 95 ; Wilson v. State, 14 Ala.App. 87 , 71 So. 971 ; Baker v. State, 19 Ala.App. 437 , 97 So. 901 ; Clayton v. State, 23 Ala.App. 150 , 123 So. 250 . “In the more recent cases the appellate courts seem to be committed to the view that a written charge which is not hypothesized on the evidence may be properly refused. For this reason charge 52 in the instant case was disapproved in: Baker v. State, 210 Ala. 320 , 97 So. 903 ; Deloney v. State, 225 Ala. 65 , 142 So. 432 ; Wood v. State, 17 Ala.App. 654 , 88 So. 28 ; Rountree v. State, 20 Ala.App. 225 , 101 So. 325 ; Du Bose v. State, 19 Ala.App. 630 , 99 So. 746 ; and Morgan v. State, 20 Ala.App. 331 , 102 So. 236 .””
2 later decisions quote this exact passage“"In the fairly recent case of Echols v. State , 36 Ala. App. 302 , 55 So.2d 522 [(1950)], we held in effect that, if a witness gives positive testimony that the defendant's character and reputation are good, it is error without injury to deny the right to introduce negative testimony in support of good character. This view is out of line with the authorities, and in this aspect the opinion must be disapproved."”
1 later decision 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.