40 Ala. App. 689 - Behel v. State’s Empirical Analysis

1960

Citation profile

cited by 50 later decisions

states following

August 1985

most recently cited

4 federal appellate · 46 state decisions

How this case has been cited

Cited by 50 later decisions — most recently August 1985 · most notably 28 Ill. 2d 441 - The People v. Johnson (1963), United States v. Thomas (1971)

4 federal appellate · 46 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 Cobb v. Malone · Fuller v. State · Washington v. United States · Commonwealth v. Ronchetti · Lester 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“"The applicable elements of second degree burglary are: (1) breaking, (2) entering, (3) with intent to steal or to commit a felony. The evidence, without contradiction, shows the first two ingredients. Behel v. State , 40 Ala. App. 689 , 122 So.2d 537 . From Behel , this Court per Cates, J., stated: `The jury may reasonably infer intent to steal from the mere presence of the accused in the shop in circumstances showing a breaking and entering in the night. . . .'" [Cases cited]”
7 later decisions quote this exact passage
e.g. Hare v. State · Hughley v. State
““The jury may reasonably infer intent to steal from the mere presence of the accused in the shop in circumstances showing a breaking and .entering in the night. 12 C.J.S. Burglary § 55; 9 Am.Jur., Burglary, § 26; 2 Wharton’s Crim.Law & Proc., § 408; Settle v. State, 26 Ala. App. 287 , 158 So. 775 ; Dufresne v. State, 40 Ala.App. 476 , 116 So.2d 385 ; Ex parte Seyfried, 74 Idaho 467 , 264 P.2d 685 ; State v. Johnson, 77 Idaho 1 , 287 P.2d 425 , 51 A.L.R.2d 1386 ; Commonwealth v. Ronchetti, 333 Mass. 78 , 128 N.E.2d 334 ; Washington v. United States, 105 U.S.App.D.C. 58 , 263 F.2d 742 .””
2 later decisions quote this exact passage
e.g. 48 Ala. App. 471 - Eason v. State · 49 Ala. App. 16 - Haynes v. State

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.