455 So. 2d 170 - Hamilton v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The appellant argues that the trial court erred by refusing to give his requested jury instructions regarding reckless assault. He contends that because he asserted at trial that he had been intoxicated and, therefore, that he did not have the specific intent to commit robbery, the trial court should have instructed the jury regarding reckless assault in the second degree as provided by § 13A-6-21(a)(3) and reckless assault in the third degree, as provided by 13A-6-22(a)(2), Code of Alabama 1975. "The appellant was charged by indictment with robbery in the first degree for `us[ing] force or threaten[ing] the imminent use of force against the person of Katherine Griffin, with the intent to overcome her physical resistance or physical power of resistance or to compel acquiescence to the taking of or escaping with [her] property, while [he] was armed with a deadly weapon or dangerous instrument . . . .' He was not charged pursuant to § 13A-8-41(a)(2), which provides for robbery in the first degree in which the defendant allegedly caused `physical injury to another.' The state merely had to prove that he used `force,' rather than prove that the victim suffered `physical injury.' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term `lesser included offense' is defi”

   1 later decision quote this exact passage
   e.g. 925 So. 2d 221 - Bradley v. State

2. “"Robbery includes the lesser included offenses of `assault with intent to rob, for larceny, for attempt to rob, for assault, or for an assault and battery.' Robertson v. State, 24 Ala.App. 237, 237 , 133 So. 742, 742 (1931), Rickard v. State, 44 Ala.App. 281 , 207 So.2d 422 (1968). The lesser included offenses are the same for robbery under § 13A-8-41(a)(1) and under § 13A-8-41(a)(2)."”

   1 later decision quote this exact passage
   e.g. 925 So. 2d 221 - Bradley v. State

3. “[a] person commits the crime of robbery in the first degree if he violates Section 13A-8-43 [3] and he . . . [i]s armed with a deadly weapon or dangerous instrument.”

   1 later decision quote this exact passage
   e.g. 925 So. 2d 221 - Bradley v. State