37 Ala. App. 559 - Daniell v. State’s Empirical Analysis
1954
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently July 1984 · most notably 471 So. 2d 485 - Faircloth v. State (1984), 54 Ala. App. 369 - Browder v. State (1974)
28 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 South & North Ala. Railroad v. McLendon · Gassenheimer v. State · Pope v. State · Hall v. State · Ala. Great Southern Railroad v. Frazier
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““However if the complaint is contemporaneous with the main occurrence, and so closely connected with it as to illustrate its character it may be admitted as part of the res gestae. We are clear to the conclusion that under the State’s evidence the complaint of the prosecutrix was part and parcel of the main act. Under prosecutrix’ testimony, after she succeeded in escaping from the appellant’s truck and thus thwarting appellant’s avowed intent to ravish her, she was followed by the appellant who was attempting to get her back in his truck. Upon their meeting Rowe and-Maze the appellant threatened to kill her if she got into their truck. It was during this continuing time that her complaint to Rowe was made. The court was therefore correct in it’s conclusion that the complaint should have been admitted as part of the res gestae. “This being so the scope of the evidence is no longer limited to showing a bare complaint, but the complaint itself is admissible. See 44 Am.Jur. Sec. 85; Lacy v. State, 45 Ala. 80 ; Griffin v. State, 76 Ala. 29 ; Barnett v. State, 83 Ala. 40 , 3 So. 612 .””
1 later decision quote this exact passage““We think the rule investing trial courts with reasonable discretion as to the reception of lay opinion evidence will tend to alleviate some of the problems with which such courts are confronted when their rulings are invoked on this type of evidence. While such rule lacks the perfection of absolute certainty, yet within certain limits the experienced trial judge, and lawyer, will find little difficulty in its application. Certainly the troublesome twilight zone of borderline situations should be greatly illuminated by such a rule.””
1 later decision quote this exact passage“a fruitful producer of irreconcilable decisions,”
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.