484 So. 2d 383 - Bain v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Here, the indictment alleged theft by knowingly obtaining and exerting unauthorized control over the property of another, and the proof supports such an indictment. The State did not attempt to prove theft by deception. It did not try to prove that the oil loading operation in Nigeria promoted by Bain, and invested in by some ten separate investors, was in fact nonexistent. Rather, it appears from the State's evidence that the theory of the State's case was that Bain was engaged in legitimate, although risky, oil transportation ventures. The testimony of the victims was that they gave Bain money as investments in such a venture, but with authorization to use the money for specified purposes, namely, to pay for the actual and direct expenses incurred in the loading, transporting, and unloading of crude oil from Nigeria. Had the monies been expended as authorized, and had the venture failed to produce profits, no criminal conduct would have been involved. However, the State proved that Bain diverted the monies to pay local overhead and expenses, which he was not authorized to do. At this point, he exercised unauthorized control over the property of others, and his control became criminal under § 13A-8-2 (1), as charged in the indictment. The State cites Deep v. State , 414 So.2d 141 (Ala.Crim.App. 1982), wherein the proof was that Deep initially may have had authorized control over the 10-foot by 20-foot portable building owned by the State and used as a `cook shack' during th”

   1 later decision quote this exact passage
   e.g. 828 So. 2d 946 - State v. Maddox

2. “(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his property.”

   1 later decision quote this exact passage
   e.g. 828 So. 2d 946 - State v. Maddox

3. “A person commits the crime of theft of property if he:”

   1 later decision quote this exact passage
   e.g. 828 So. 2d 946 - State v. Maddox