42 Ala. App. 618 - Carpenter v. State’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The testimony of the victim of the alleged robbery which was offered to establish the identity of the appellant as one of the alleged robbers presented a jury question on that matter. Although this witness did not positively identify the appellant, did not observe appellant under ideal conditions, failed to identify him in a police line-up, and although there were minor discrepancies in his description of the alleged robber, these matters, in our opinion, went to the weight of the testimony and did not destroy its value for the purpose of establishing identity. See 23 C.J.S. Criminal Law §§ 864, 920."”

   2 later decisions quote this exact passage
   e.g. 357 So. 2d 379 - Little v. State · 359 So. 2d 832 - Lomax v. State

2. “"Although appellant objected to `anything concerning this money' after Officer Hutchins testified that he had taken the money from appellant's person, this did not, under the circumstances of this case, relieve appellant of the duty of objecting to evidence offered subsequent to this objection concerning the money, on the specific ground that the money was obtained by unreasonable search and seizure. Thus, no error can be predicated on the introduction of Mr. Weaver's testimony, since it was not objected to on the specific ground that it was obtained by unreasonable search and seizure. Further, we are of the opinion, that appellant's rights were not violated by the introduction of Weaver's testimony, since the fact that the money was obtained by a search of the appellant's person at the time of his arrest was put in evidence prior to this evidence, without objection. "We conclude that no error resulted in the introduction of evidence which allegedly was obtained by unreasonable search and seizure."”

   1 later decision quote this exact passage
   e.g. 337 So. 2d 773 - Taylor v. State

3. “"We are of the opinion that the better rule is that, as a matter of law and procedure, the accused's failure to object to the admissibility of evidence at the time it is presented by the prosecution constitutes a waiver on the part of the accused, and the fact that preliminary motions for suppressing evidence and quashing warrants or affidavits have been overruled by the court does not relieve the accused or his counsel from the duty of objecting at the trial to the admission of evidence on the ground that it was obtained by unreasonable search and seizure. . . ."”

   1 later decision quote this exact passage
   e.g. 337 So. 2d 773 - Taylor v. State