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← 38 ALAAPP 102 - Phillips v. State

Phillips v. State’s Empirical Analysis

1954

Citation profile

5
cited by 5 later decisions
2
states following
June 1978
most recently cited

5 state decisions

Relationships

Relies on Smith v. State · 30 Ala. App. 91 - Connelly v. State · Dudley v. Witter · Slaven v. Commonwealth · 24 Ala. App. 153 - Jarnigan 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““When the indictment charges an offense of which there are different degrees, the jury may find the defendant not guilty of the degree charged, and guilty of any degree inferior thereto, or of an attempt to- commit the offense charged; and the defendant may also be found guilty of any offense which is necessarily included in that with which he is charged, whether it be a felony, or a misdemeanor.””
    1 later decision quote this exact passage
  2. ““The appellate courts of this state have applied section 323, Title 15, supra, in many cases. An examination of these authorities will lead to the inevitable conclusion that the lesser or minor offense was a necessary elemental part of the crime charged in the indictment. In other words, in an effort to make proof of the greater offense, the lesser crime was necessarily established.””
    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.