484 So. 2d 1199 - Galloway 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. “" '[T]he rule on which the weight of authority is in agreement is that it is improper for the prosecuting attorney so to express his personal opinion or belief in guilt of accused as to permit of an inference by the jury that such opinion or belief is based on reasons or information outside the evidence, but that it is not improper for him to argue or to express his opinion that accused is guilty, where he states, or it is apparent, that such opinion is based solely on the evidence.' 23A C.J.S. Criminal Law § 1104, p. 194-95 (1961). See Crenshaw v. State , 153 Ala. 5 , 7 , 45 So. 631 , 632 (1908) (prosecutor argued to the effect that the evidence showed a clear case); Cranmore v. State , 41 Ala. App. 276 , 279 , 129 So.2d 121 , 123 (1961) (prosecutor's statement, 'I never did ask you to convict a man I believe to be innocent' found to be 'a mere expression of opinion by the solicitor that the defendant was guilty, and . . . not a cause for reversal'); Handley v. State , 214 Ala. 172 , 175 , 106 So. 692 , 695 (1925) (argument, 'She is a murderer; she is a murderer. She is not some one who has committed some of the lower offenses of homicide' did 'not transcend the bounds of legitimate argument'); Gardner v. State , 17 Ala. App. 589 , 590-91 , 87 So. 885 , 886 , cert. denied, 205 Ala. 60 , 87 So. 888 (1920) (prosecutor's argument that the defendant 'is a pickpocket' in prosecution for grand larceny 'was the expression of an opinion' by the prosecutor, 'and from the state's cont”

   4 later decisions quote this exact passage
   e.g. Henderson v. State · 725 So. 2d 1003 - Price v. State

2. “" ' " '[T]he rule on which the weight of authority is in agreement is that it is improper for the prosecuting attorney ... to express his personal opinion or belief in guilt of accused [so] as to permit an inference by the jury that such opinion or belief is based on reasons or information outside the evidence, but that it is not improper for him to argue or to express his opinion that accused is guilty, where he states, or it is apparent, that such opinion is based solely on the evidence.' 23A C.J.S. Criminal Law § 1104, p. 194-95 (1961). See Crenshaw v. State , 153 Ala. 5 , 7, 45 So. 631 , 632 (1908) (prosecutor argued to the effect that the evidence showed a clear case); Cranmore v. State , 41 Ala.App. 276 , 279, 129 So.2d 121 , 123 (1961) (prosecutor's statement, 'I never did ask you to convict a man I believe to be innocent' found to be 'a mere expression of opinion by the solicitor that the defendant was guilty, and ... not a cause for reversal'); Handley v. State , 214 Ala. 172 , 175, 106 So. 692 , 695 (1925) (argument, 'She is a murderer; she is a murderer. She is not some one who has committed some of the lower offenses of homicide' did 'not transcend the bounds of legitimate argument'); Gardner v. State , 17 Ala.App. 589 , 590-91, 87 So. 885 , 886, cert. denied, 205 Ala. 60 , 87 So. 888 (1920) (prosecutor's argument that the defendant 'is a pickpocket' in prosecution for grand larceny 'was the expression of an opinion' by the prosecutor, 'and from the state's conten”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · 725 So. 2d 1003 - Price v. State

3. “`She is a murderer; she is a murderer. She is not some one who has committed some of the lower offenses of homicide' — did not transcend the bounds of legitimate argument”

   2 later decisions quote this exact passage
   e.g. 725 So. 2d 1003 - Price v. State · 914 So. 2d 372 - Minor v. State