38 Ala. App. 659 - Adkins v. State’s Empirical Analysis
1956
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently December 1988
2 federal appellate · 16 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 38 Ala. App. 94 - Grimes v. State · 30 Ala. App. 89 - Emerson v. State · 24 Ala. App. 579 - Harper v. State · 28 Ala. App. 456 - Wilbanks v. State · Emerson 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘It has many times been held by this court that a constructive possession alone is not sufficient to justify a conviction for the unlawful possession of whisky. There must be evidence from which the jury can infer a guilty scienter. Burroughs v. State, 24 Ala.App. 579 , 139 So. 115 .’ Pate v. State, 26 Ala.App. 487 , 162 So. 571 . See also Wilbanks v. State, 28 Ala.App. 456 , 185 So. 770 ; Grimes v. State, ante, 38 Ala.App. p. 94, 76 So.2d 684 . “It is equally well settled that such guilty scienter may be established by circumstantial evidence, Emerson v. State, 30 Ala.App. 89 , 1 So.2d 604 ; certiorari denied 241 Ala. 141 , 1 So.2d 605 , and that a charge of unlawful possession of prohibited liquors may be sustained upon circumstantial evidence, just as can any other criminal charge. Walker v. State, 19 Ala.App. 20 , 95 So. 205 ; Ex parte Walker, 209 Ala. 702 , 95 So. 922 .””
1 later decision quote this exact passagee.g. Arnold v. State“Statements by the prosecuting attorney alluding to the fact that the trial court would have taken the case from the jury if the evidence against the defendant was not sufficient, or referring to the fact that the court had overruled a motion for a directed verdict for the defendant as establishing the sufficiency of the evidence against the defendant, or similar statements, have been held to constitute reversible error.”
1 later decision quote this exact passagee.g. Ex Parte Tomlin“"By Mr. Wallace: We object to the statement of the Solicitor that if the State had not made out a case the court would have taken it from the jury, and ask the court to instruct the jury that is improper."”
1 later decision quote this exact passagee.g. Ex Parte Tomlin
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.