472 So. 2d 440 - Bice v. State’s Empirical Analysis
1985
Citation profile
7
cited by 7 later decisions
1
states following
May 1991
most recently cited
7 state decisions
Relationships
Relies on Yi Au Lau v. United States Immigration & Naturalization Service · Ex Parte Bush · Theriault v. United States · 402 So. 2d 1088 - Flowers v. State · 33 Ala. App. 70 - Allen 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We have recently applied Ex parte Bush , 431 So.2d 563 (Ala. 1983), to the situation of indictments and informations occurring after the effective date of Alabama Temporary Rules of Criminal Procedure, Rule 15.2. In the Bush case, our Supreme Court, per Justice Jones, stated: "`Miscitation of a code section does not void an indictment which otherwise states an offense; and, in the absence of a showing of actual prejudice to the defendant, reference to the erroneous code section will be treated as mere surplusage. Mays v. City of Prattville , 402 So.2d 1114 , 1116 (Ala.Cr.App. 1981); Coker v. State , 396 So.2d 1094 , 1096 (Ala.Cr.App. 1981); Fitzgerald v. State , 53 Ala. App. 663 , 665 , 303 So.2d 162 (1974); Allen v. State , 33 Ala. App. 70 , 73 , 30 So.2d 479 , petition struck , 249 Ala. 201 , 30 So.2d 483 (1947); accord, United States v. Kernington , 650 F.2d 544 (5th Cir. 1981); Theriault v. United States , 434 F.2d 212 , 213 n. 2 (5th Cir. 1970), cert. denied , 404 U.S. 869 , 92 S.Ct. 124 , 30 L.Ed.2d 113 (1971).'" Bice v. State , 472 So.2d 440 , 442 (Ala.Cr.App. 1985).”
3 later decisions quote this exact passage“"An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial."”
2 later decisions quote this exact passage“did on or about November 13, 1983 ... drive or was in actual physical control of a vehicle while under the influence of alcohol, in violation of § 32-5A-191, Code of Alabama 1975....”
1 later decision quote this exact passage
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.