511 So. 2d 951 - Beavers v. State’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The appellant contends that the trial court erred in instructing the jury on rape in the second degree. He cites Allen v. State , 472 So.2d 1122 (Ala.Crim.App. 1985) in support of his contention that rape in the second degree is not a lesser included offense of rape in the first degree, therefore, the judge's jury charge, under this indictment, which charged rape in the first degree, constituted reversible error. We disagree. "This appellant was charged with 'forcible compulsion' rape under § 13A-6-61 (a)(1), Code of Alabama 1975. The court charged on second degree rape under § 13A-6-62 (a)(1). The evidence supported this charge since the appellant was clearly over 16 years old and the victim was 14 years old at the time. Had the jury concluded that no forcible compulsion existed then, under the evidence, it would have been authorized to convict the appellant of second degree rape under the evidence presented. See Sharpe v. State , 340 So.2d 885 (Ala.Crim.App.), cert. denied, 340 So.2d 889 (Ala. 1976). "In Allen , supra, the appellant was charged in the indictment with a violation of § 13A-6-61 (a)(3), and not forcible compulsion rape under § 13A-6-61 (a)(1), as was the case here. Based on the differing age factors under the two statutes, and in light of the specific offense charged in that particular indictment , we held that second degree rape was not a lesser included offense of first degree rape. . . . "Where, as here, the indictment charges forcible compulsion rape in t”

   1 later decision quote this exact passage
   e.g. Ex Parte Washington

2. “Where, as here, the indictment charges forcible compulsion *Page 837 rape in the first degree, and the evidence supports a charge on rape in the second degree, a jury charge on rape in the second degree is not erroneous since the proof necessary here to establish rape in the first degree of necessity established every element of rape in the second degree.”

   1 later decision quote this exact passage
   e.g. 570 So. 2d 835 - Ingram v. State

3. “The collateral incident proved at trial was sufficiently similar to that which occurred in the instant case.”

   1 later decision quote this exact passage
   e.g. 630 So. 2d 92 - Yelder v. State