44 Ala. App. 558 - McClendon v. State’s Empirical Analysis
1968
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently January 1985
21 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 37 Ala. App. 57 - Huddleston v. State · 16 Ala. App. 433 - Bray v. State · Jackson v. State · 29 Ala. App. 336 - Sexton v. State · 29 Ala. App. 376 - Fairbanks 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Presiding Judge Bricken, speaking for this Court in Chesnut v. State , 35 Ala. App. 376 , 47 So.2d 248 , stated the following: `There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court; Jackson v. State , 91 Ala. 55 , 8 So. 773 , 24 Am.St.Rep. 860 ; Howard v. State , 165 Ala. 18 , 50 So. 954 ; Bowen v. State , 98 Ala. 83 , 12 So. 808 ; Childs v. State , 97 Ala. 49 , 12 So. 441 .' "This Court, in McClendon v. State , 44 Ala. App. 558 , 216 So.2d 302 , observed: `There is no recitation in the judgment entry of the defendant's having made a plea to the complaint. Nor is there any showing that he stood mute and had a plea of not guilty entered for him by the court. Tit. 15, Sec. 276, Code of Ala., 1940. `In Bray v. State , 16 Ala. App. 433 , 78 So. 463 , the court stated: `It is well settled that the judgment of conviction in a criminal case must affirmatively show that the defendant pleaded to the indictment, or that, standing mute, the court cause the plea of not guilty to be entered for him.' "See also Huddleston v. State , 37 Ala. App. 57 , 64 So.2d 90 ; Jackson v. State , 91 Ala. 55 , 8 So. 773 ; Sexton v. State , 29 Ala. App. 336 , 196 So. 742 , cert. denied, 239 Ala. 662 , 196 So. 746 . `The absence of a plea by the defendant or one of not guilty entered by the court on his behalf must also cause a reversal.' See Rorex v. State , 44 Ala. App. 112 , 203 So.2d 294 ." "Most recently ”
2 later decisions quote this exact passage““Now comes the State of Alabama by and through its District Attorney of the Fifth Judicial Circuit of Alabama, Tom F. Young and says that before the making of the complaint in this cause, and within twelve month of the making' of said complaint that one, Stonewall Key did in Randolph County, Alabama, did draw, or threaten to use, a pistol, shot gun, or other deadly or dangerous-weapon, already drawn upon Ralph C. Gunn, against the peace and dignity of the State of Alabama.” (Italics added.)”
1 later decision quote this exact passagee.g. Key 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.