417 So. 2d 611 - Barbee v. State’s Empirical Analysis
1982
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently March 2015 · most notably 435 So. 2d 158 - Smith v. State (1983), 529 So. 2d 1074 - Ross v. State (1988)
49 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 Santoni v. United States · United States v. London · Davis v. State · United States v. Purvis · 33 Ala. App. 70 - Allen 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Failure to charge an offense is the kind of defect involved in due process of law and it cannot be waived. Nelson v. State, 50 Ala.App. 285 , 278 So.2d 734 (1973). Although the law does not compel a”
14 later decisions quote this exact passagee.g. Ex Parte Lewis · Sullens v. State“" The fact that the indictment refers to its statutory source cannot save it from being fatally deficient . The rule is that `the indictment must contain all the essentials to constitute the offense, explicitly charged, and that they must not be left to inference .' State v. Seay , 3 Stew. 123, 131 (1830). The indictment cannot be aided by intendment , Poore v. State , 17 Ala. App. 143 , 82 So. 627 (1919), and ` nothing is to be left to implication or intendment, or to conclusion .' Mastoras v. State , 28 Ala. App. 123 , 126 , 180 So. 113 , cert. denied, 235 Ala. 519 , 180 So. 115 (1938). A court is `without authority to add to, or take from, any of the material averments in the indictment, which speaks for itself and is conclusive.' Crump v. State , 30 Ala. App. 241 , 242 , 4 So.2d 188 (1941)."”
8 later decisions quote this exact passagee.g. Ex Parte Lewis · Sullens v. State“Upon these authorities we conclude that a reference in an indictment to the statute defining the offense cannot be considered for the purpose of supplying an allegation of criminal intent which is an essential element of the offense and has been omitted from the indictment.”
6 later decisions quote this exact passage
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.