Terry v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The mere finding of a bottle containing prohibited liquor upon the premises of a person, without any evidence tending to connect such person with the possession thereof, and without any evidence of guilty scienter, is not sufficient upon which to sustain a conviction for the possession thereof. Posey v. State , 42 Ala. App. 518 , 170 So.2d 287 . Where possession of the beverage is constructive, the State, to sustain a conviction, must show, in addition to the constructive possession, a guilty knowledge of the presence of the beverage. And, as in all criminal prosecutions the guilty knowledge, or scienter, on the part of the accused, must be fastened upon him by a showing of facts or circumstances enabling a jury to conclude beyond a reasonable doubt that the accused knew such fact. Grimes v. State , 38 Ala. App. 94 , 76 So.2d 684 ; Evans v. State , 39 Ala. App. 404 , 103 So.2d 40 ; Id. 267 Ala. 695 , 103 So.2d 44 ."”

   1 later decision quote this exact passage · from the majority
   e.g. 507 So. 2d 540 - Sellers v. State