461 So. 2d 34 - Mosley v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' . . . The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. Willcutt v. State , 284 Ala. 547 , 226 So.2d 328 (1969).' Walker v. State , 416 So.2d 1083 , 1089 (Ala.Cr.App. 1982). 'It was within the province of the jury to give the evidence in the case whatever weight and emphasis they thought proper in reaching their verdict.' Linson v. State , 394 So.2d 85 , 92 (Ala.Cr.App. 1981). 'Where, as in this case, there is conflicting evidence presented by the prosecution and the defense, it is for the jury to resolve the conflict and determine the defendant's guilt or innocence. . . . In making its determination, the jury may believe or disbelieve all or any part of the testimony presented by either side.' Terry v. State , 424 So.2d 652 , 655 (Ala.Cr.App. 1982). " 'Conflicting evidence always presents a question for the jury unless the evidence fails to establish a prima facie case. Starling v. State , 398 So.2d 337 (Ala.Cr.App.), cert. denied, Ex parte Starling , 398 So.2d 342 (Ala. 1981).' Gardner v. State , 440 So.2d 1136 , 1137 (Ala.Cr.App. 1983). By the victim's testimony, the State established a prima facie case of [rape] in the [second] degree. " 'This Court will not interfere when the evidence is conflicting if there was material evidence tending to support the jury's verdict. "(T)he verdict settles any conflict in the evidence”

   6 later decisions quote this exact passage
   e.g. Lamar v. State · 539 So. 2d 1089 - Washington v. State

2. “" ' . . . The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. Willcutt v. State , 284 Ala. 547 , 226 So.2d 328 (1969).' Walker v. State , 416 So.2d 1083 , 1089 (Ala.Cr.App. 1982). 'It was within the province of the jury to give the evidence in the case whatever weight and emphasis they thought proper in reaching their verdict.' Linson v. State , 394 So.2d 85 , 92 (Ala.Cr.App. 1981). 'Where, as in this case, there is conflicting evidence presented by the prosecution and the defense, it is for the jury to resolve the conflict and determine the defendant's guilt or innocence. . . . In making its determination, the jury may believe or disbelieve all or any part of the testimony presented by either side.' Terry v. State , 424 So.2d 652 , 655 (Ala.Cr.App. 1982). " 'Conflicting evidence always presents a question for the jury unless the evidence fails to establish a prima facie case. Starling v. State , 398 So.2d 337 (Ala.Cr.App.), cert. denied, Ex parte Starling , 398 So.2d 342 (Ala. 1981).' Gardner v. State , 440 So.2d 1136 , 1137 (Ala.Cr.App. 1983). By the victim's testimony, the State established a prima facie case of [rape] in the [second] degree. " 'This Court will not interfere when the evidence is conflicting if there was material evidence tending to support the jury's verdict. "(T)he verdict settles any conflict in the evidence" and this Co”

   4 later decisions quote this exact passage
   e.g. Washington v. State · 539 So. 2d 1089 - Washington v. State

3. “This Court is not a trier of fact. The jury has already made [those] determination[s] and weighed the credibility of the witnesses.”

   4 later decisions quote this exact passage
   e.g. 539 So. 2d 1089 - Washington v. State · 512 So. 2d 124 - Steele v. State