405 So. 2d 402 - Stewart v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Certainly the use of an adult man's fists to beat a seventeen month [old] child may appropriately allow those fists to be classified as a deadly weapon or a dangerous instrument."”

   4 later decisions quote this exact passage
   e.g. Ray v. State · 417 So. 2d 617 - Hollis v. State

2. “"This Court is required to view the evidence in the light most favorable to the State, Bass v. State, 55 Ala.App. 88 , 313 So.2d 208 (1975), and not substitute its judgment for that of the jury. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. denied, 368 So.2d 877 (Ala.1979). Where the evidence presented raises questions of fact for the jury, and such evidence, if believed, is sufficient to sustain conviction, the denial of a motion to exclude the State's evidence, the refusal to give the affirmative charge and the overruling of a motion for new trial, does not constitute error. Young v. State, 283 Ala. 676 , 220 So.2d 843 (1969)."”

   3 later decisions quote this exact passage
   e.g. Jackson v. State · Donley v. City of Mountain Brook

3. “"Long before the adoption of the new criminal code on January 1, 1980, Alabama subscribed to the view that it was the use of the weapon or instrument, and not solely its nature, that determined whether or not it was esteemed deadly. Helton v. State, 372 So.2d 390 (Ala.Crim.App.1979), and cases cited therein. This emphasis on `use' under the circumstances [has] been codified in Section 13A-1-2(12). Moreover, there is no limitation expressed in § 13A-1-2(11) which would prevent human fists from being considered a `deadly weapon' under appropriate circumstances."”

   3 later decisions quote this exact passage
   e.g. 523 So. 2d 518 - Jones v. State · 441 So. 2d 1061 - Baker v. State