44 Ala. App. 171 - Shine v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they may arrest the defendant on a certified copy of the undertaking at any place in the state, or may authorize another person to arrest him by an endorsement in writing on such copy." (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. Watkins v. City of Mobile · 51 Ala. App. 366 - Livingston v. Browder

2. ““To make any kind of arrest, valid authorization and authority is requisite. Though Dean contends that a certified copy of appellant’s bond was in his possession on the date in question, there is no positive evidence that it was ever shown to appellant or produced in his presence. Therefore, it is questionable that appellant had absolute knowledge by what authority this attempt to take him from his home was legally based. It is a vital part of an arrest for the accused to have notice of the authority under which he is being arrested as well as to know by whom he is being arrested. Even a police officer making a valid arrest must declare his intention and authority, unless, of course, his life is in such jeopardy as to preclude this notice. In this case there was certainly nothing found in the record which would lead this band of individuals performing then and there as a “posse”, to believe that appellant would come out shooting, or that their lives were in jeopardy at the time the certified copy of the bond should have been produced as their authority.” Id. at 822.”

   1 later decision quote this exact passage
   e.g. Poteete v. Olive

3. ““Generally speaking, in misdemeanor arrests it would be murder to kill the accused when he is fleeing from arrest, even though he cannot be otherwise taken.” Shine v. State, 44 Ala.App. 171 , 204 So.2d 817 ; Holcomb v. State, 35 Ala.App. 528 , 50 So.2d 165 .”

   1 later decision quote this exact passage
   e.g. 49 Ala. App. 618 - Weeks v. State