390 So. 2d 1070 - Howard v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant urges error by reason of the court’s refusal of defendant’s requested charge No. 10: T charge you, members of the jury, that the Prosecution must prove its charge, and prove it beyond a reasonable doubt, by evidence. The assertions of counsel are not evidence.’ Appellant relies upon Morse v. State, 49 Ala.App. 203 , 269 So.2d 916 (1972). In Lamar v. State, Ala., 356 So.2d 680 , rev’g Ala.Cr.App., 356 So.2d 677 , Justice Shores makes it clear that what was held in Lane v. State, 85 Ala. 11 , 4 So. 730 (1888), relied upon in Morse v. State, supra, as to a similar charge, should be restricted to the circumstances shown in Lane in which there had been an improper argument by the prosecuting attorney. There is no contention here that there was any improper argument by counsel for the State. The record shows affirmatively that no objection was made as to any argument by counsel for either party. Charge 10 was properly refused. Brown v. State, Ala.Cr.App., 369 So.2d 56 (1979).””

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

2. “an oversimplification of the principles of law pertaining to the subject.”

   1 later decision quote this exact passage
   e.g. 560 So. 2d 1107 - Sharpe v. State