47 Ala. App. 730 - Cunningham v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . The rule governing expert medical testimony on the issue of insanity has been stated by the Supreme Court of Alabama in George v. State, 240 Ala. 632 , 200 So. 602 , as follows: “ ‘The opinion of expert witnesses as to insanity are not conclusive upon the jury; they are to be weighed like other evidence, such evidence being intended to aid the jury, and its value depending largely upon the intelligence, experience, honesty and impartiality of the witness. The jury may reject it all, though it is without conflict. McAllister v. State, 17 Ala. 434 , 52 Am.Dec. 180; Parrish v. State, 139 Ala. 16 , 36 So. 1012 .’ Hockenberry v. State, 246 Ala. 369 , 20 So.2d 533 . “Under the above, we are of the opinion that the trial court correctly submitted this issue to the jury.””

   2 later decisions quote this exact passage
   e.g. Swanson v. State · 54 Ala. App. 237 - Smith v. State

2. “"`Prima facie evidence' means that which brings about a measure of proof which, unless it is self contradictory or is contradicted by the defense, would support the jury's inferring the existence of one or more elements of a crime." Kizziah v. State , 42 Ala. App. 303 , 305 , 162 So.2d 889 (1964) (unexplained possession of part of a still prima facie evidence of violation of statute).”

   2 later decisions quote this exact passage
   e.g. 415 So. 2d 1190 - Eldridge v. State · 375 So. 2d 530 - Briggs v. State