51 Ala. App. 484 - Racine v. State’s Empirical Analysis
1973
Citation profile
35 state decisions
How this case has been cited
Cited by 38 later decisions — most recently October 2001 · most notably 54 Ala. App. 491 - Bowens v. State (1974), Racine v. State (1973)
35 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Terry v. Ohio · Wong Sun v. United States · Ker v. State of California · 49 Ala. App. 233 - Thigpen v. State · United States v. Guzman
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellant’s plea of autrefois acquit lacked merit. The record shows that appellant was charged with vagrancy and, at some point in the prosecution, the State moved to have the case nol prossed. Whether jeopardy had attached need not concern us. Assuming arguendo that appellant had been placed in jeopardy on the vagrancy charge, we hold that former jeopardy is not an apt defense. The law is well settled that a' plea of autrefois acquit is unavailing unless the present offense is precisely the same in law and fact as the former offense. Blevins v. State, 20 Ala.App. 229 , 101 So. 478 , cert, denied Ex parte Blevins, 211 Ala. 615 , 101 So. 482 ; Smith v. State, 256 Ala. 444 , 55 So.2d 208 . “Vagrancy, albeit an overbroad offense, is not constituted by possession of contraband. Vagrancy and possession of marijuana are not concentric offenses but are separate and distinct breaches of criminal responsibility. Neither is a lesser included offense of the other. Tit. 14, § 437, Code of Alabama 1940.””
1 later decision quote this exact passagee.g. Racine v. State
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.