42 Ala. App. 149 - Abernathy v. State’s Empirical Analysis
1962
Citation profile
25 state decisions
How this case has been cited
Cited by 29 later decisions — most recently April 1992 · most notably Jakes v. State (1981), Thomas v. State (1964)
25 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 Cantwell v. State of Connecticut · Miles v. State · 20 Ala. App. 209 - Duncan v. State · State v. Cantwell · 41 Ala. App. 254 - Mitchell 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If two or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall, on conviction, be punished at the discretion of the jury, by fine and imprisonment in the county jail, or hard labor for the county, for not more than six months.””
2 later decisions quote this exact passage““* * * an assembly of three or more persons, (Our statute has reduced the minimum number of participants to two), who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighborhood of such assembly to fear on reasonable grounds that the persons so assembled would commit a breach of the peace or provoke others to do so.” (Citations omitted.) “In general terms a breach of the peace is a violation of public order, a disturbance of the public tranquility, by any act or conduct inciting to violence or tending to provoke or excite others to break the peace.” (Citations omitted.)”
1 later decision quote this exact passage““No specific intent to breach the peace is essential to a conviction for a breach of the peace. State v. Cantwell, 126 Conn. 1 , 8 A.2d 533 ; Cantwell v. Connecticut, 310 U.S. 296 , 60 S.Ct. 900 , 84 L.Ed. 1213 , 128 A.L.R. 1352 . Nor is it necessary to constitute the offense of a breach of the peace that the proof show the peace has actually been broken. People v. Kovalchuck, Co.Ct., 6 N.Y.S.2d 165 ; People v. Ripke, Co.Ct., 115 N.Y.S.2d 590 .” Abernathy, supra.”
1 later decision quote this exact passagee.g. Johnson 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.