395 So. 2d 124 - Mitchell v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Actual physical personal possession of contraband is not required and possession may be constructive as well as actual. Hancock v. State , 368 So.2d 581 (Ala.Cr.App.), cert. denied, Ex parte Hancock , 368 So.2d 587 (Ala. 1979). However, where constructive possession of contraband is relied upon, it is necessary to show guilty knowledge. This knowledge may be shown by circumstantial evidence. Blaine v. State , 366 So.2d 353 (Ala.Cr.App. 1978); Henderson v. State , 347 So.2d 540 (Ala.Cr.App. 1977). ". . . [W]here drugs are found on premises under the control of the defendant an inference may arise that the defendant had knowledge and possession of them. 28 C.J.S. Drugs and Narcotics Supplement , Section 210 (1974)." Mitchell v. State , 395 So.2d 124 , 126 *Page 593 (Ala.Cr.App. 1980), cert. denied, Ex parte Mitchell , 395 So.2d 127 (Ala. 1981).”

   1 later decision quote this exact passage
   e.g. 549 So. 2d 589 - Helton v. State

2. “"A review of the evidence convinces us that this was a question for the jury under the facts of this case. The jury could reasonably infer that the defendant lived or resided at the house where the drugs were found from the concurrence of three facts: (1) The lease was in the defendant's name as was a cable T.V. contract; (2) the electric bill was in the defendant's name; and (3) the presence of the defendant's two children at the house. This inference is especially compelling when considered in conjunction with the fact that there was no evidence that the defendant did not reside in this house. "”

   1 later decision quote this exact passage
   e.g. 560 So. 2d 1137 - McGruder v. State

3. “Actual physical personal possession of contraband is not required and possession may be constructive as well as actual. Hancock v. State , 368 So.2d 581 (Ala.Cr.App.), cert. denied, Ex parte Hancock , 368 So.2d 587 (Ala. 1979). However, where constructive possession of contraband is relied upon, it is necessary to show guilty knowledge. This knowledge may be shown by circumstantial evidence. Blaine v. State , 366 So.2d 353 (Ala.Cr.App. 1978); Henderson v. State , 347 So.2d 540 (Ala.Cr.App. 1977).”

   1 later decision quote this exact passage
   e.g. 549 So. 2d 589 - Helton v. State