Martin 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 defendant contends that the State did not prove the element of asportation in the crime of larceny. In Jones v. State, 55 Ala.App. 274 , 314 So.2d 876 , cert. denied, 55 Ala.App. 277 , 314 So.2d 879 (1975), it was held that in a prosecution for larceny based upon a charge of shoplifting, evidence that the defendant had been observed by a store security guard taking a sweater, rolling it up and placing it under her blouse and that, after her apprehension, she also disgorged a pair o'” trousers and claimed that she had founu them on the floor was sufficient to permit a finding of asportation even though the defendant never took the merchandise from the store premises. “In Harris v. State, 57 Ala.App. 253 , 327 So.2d 748 (1976), the defendant placed some phonograph records in a paper bag and left through an unattended cash register aisle without paying. Affirming the conviction this court wrote: “ ‘In this case-because of the use of a check-out counter system-the completed act of asportation did not occur until the two thieves went past or evaded the place of payment, i. e., the designated cash register.1 Immediately after they passed that point they were halted with the goods in hand.’ Harris, 57 Ala.App. at 253 , 327 So.2d at 748 . “The footnote in this quoted material cites Jones, supra. “Jones makes it perfectly clear that, if a shopper moves merchandise from one place to another within a store with the intention to steal it, there has been aspor-tation and the shopper ”

   1 later decision quote this exact passage
   e.g. 390 So. 2d 1 - Richardson v. State