Clinkscale v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ * * * the general rule is that, where the evidence tends to show that accused might have acted in self-defense, evidence is admissible to show that deceased was in the habit of carrying firearms or other deadly weapons or that he had the reputation of habitually being armed. It must, of course, be made to appear that such habit or reputation of deceased was known to the accused, as otherwise it could not have influenced his conduct, and evidence showing such knowledge is admissible’. 40 C.J.S., Homicide, § 272d, p. 1225. See also Wiley v. State, 99 Ala. 146 , 13 So. 424 ; Naugher v. State, 116 Ala. 463 , 23 So. 26 ; Cawley v. State, 133 Ala. 128 , 32 So. 227 ; Degro v. State, 34 Ala.App. 232 , 38 So.2d 354 ; Sprinkle v. State, 137 Miss. 731 , 102 So. 844 ; People v. Allen, 378 Ill. 164 , 37 N.E.2d 854 ; Kinder v. Commonwealth, 263 Ky. 145 , 92 S.W.2d 8 ; Gibson v. State, 176 Ga. 384 , 168 S.E. 47 .””

   1 later decision quote this exact passage
   e.g. Snider v. State