401 So. 2d 320 - Black v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`An indictment should be specific in its averments in four prime aspects to insure this guaranty: (a) to identify the accusation least the accused should be tried for an offense different from that intended by the grand jury; (b) to enable the defendant to prepare for his defense; (c) that the judgment may inure to his subsequent protection and foreclose the possibility of being twice put in jeopardy for the same offense, and (d) to enable the Court, after conviction, to pronounce judgment on the record.' "Based on these guidelines, which also embody our preference for substance over form in our modern pleading, we find that this indictment was clearly sufficient to apprise the appellant of the charge against him and to safeguard against double jeopardy and improper judgments."”

   4 later decisions quote this exact passage
   e.g. Randle v. State · Phelps v. State

2. “"Appellant asserts that without a `lawful' detention there can be no offense of escape; therefore, it must be spelled out in the indictment. In lieu of ruling on this assertion, we need only point to the case of Summers v. State, Ala.Cr.App., 348 So.2d 1126 , cert. denied, 348 So.2d 1136 (Ala.), cert. denied, 435 U.S. 981 , 98 S.Ct. 1633 (1977), for the following statement as to the due process requirements for a sufficient indictment:”

   1 later decision quote this exact passage
   e.g. 405 So. 2d 411 - Pinkard v. State

3. ““[I]t is now quite clear that appellant’s presence was not required when the jury venire was organized and some prospective jurors were excused. Dean v. State, 54 Ala.App. 270 , 307 So.2d 77 (1975); Yancey v. State, 56 Ala.App. 577 , 324 So.2d 292 , cert. denied, 295 Ala. 430 , 324 So.2d 296 (1975); Andrews v. State, 359 So.2d 1172 (Ala.Cr.App.1978).””

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