419 So. 2d 610 - Lidge v. State’s Empirical Analysis
1982
Citation profile
1 federal appellate · 48 state decisions
How this case has been cited
Cited by 49 later decisions — most recently November 2010 · most notably Jones v. White (1993), 419 So. 2d 616 - Ex Parte Lidge (1982)
1 federal appellate · 48 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 Gregg v. Georgia · Rummel v. Estelle · 392 So. 2d 1274 - Watson v. State · Dunn v. State · 392 So. 2d 1280 - Sanders 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.
“"Robbery in the second degree is not a lesser included offense of robbery in the first degree unless the robber is aided by another person actually present and one participant is armed with a deadly weapon or dangerous instrument, or causes physical injury to another. Alabama Code 1975, Sections 13A-8-41 , 13A-8-42 ."”
6 later decisions quote this exact passage“had the conduct taken place in Alabama on or after January 1, 1980.”
3 later decisions quote this exact passage“"[W]e note that neither the definition of robbery in the first degree, Section 13A-8-41, nor the definition of a `deadly weapon', Section 13A-1-2(11), requires that the firearm be loaded. Compare New York Penal Law, Sections 160.10, 160.15 (Amended 1969). The commentary following the statutes defining the three degrees of robbery states: `The basic theory of this article (robbery) is to protect the citizen from fear for his or another's health and safety.' This lends support to the contention that a firearm, even though not loaded, may still constitute a deadly weapon. "The majority of courts which have considered this issue have ruled adversely to the defendant's contention. `The great weight of authority holds that an unloaded pistol, not used as a bludgeon, is nevertheless a dangerous or deadly weapon for armed-robbery purposes.' LaFave & Scott, Criminal Law, p. 703 (1977); Note, An Unloaded Or Unworkable Pistol As A Dangerous Weapon When Used In A Robbery, 32 La.L.Rev. 158 (1971). See also A.L.I. Model Penal Code, Section 222.1 at p. 117 (1980); Annot., 79 A.L.R. 1206 , Section 7 (1931); Annot., 89 A.L.R. 3d 1006 (1977). `Several courts have recognized that one can be convicted of robbery by means of a dangerous or deadly weapon, notwithstanding the fact that the gun allegedly used was unloaded, but there is some authority to the contrary.' 67 Am.Jur.2d, Robbery, Section 5 (1961)."”
2 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.