52 Ala. App. 25 - Carmichael v. State’s Empirical Analysis
1974
Citation profile
16
cited by 16 later decisions
1
states following
August 1979
most recently cited
16 state decisions
Relationships
Relies on Cox v. State · 34 Ala. App. 447 - Warren v. State · 47 Ala. App. 189 - Passmore v. State · Fowler v. State · 49 Ala. App. 78 - Rogers 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Murder in the second degree is the unlawful killing of a human being with malice, but without deliberation or premeditation. Smith v. State, 47 Ala.App. 513 , 257 So.2d 372 ; Young v. State, 47 Ala.App. 674 , 260 So.2d 406 ; Miller v. State, 38 Ala.App. 593 , 90 So.2d 166 ; Warren v. State, 34 Ala.App. 447 , 41 So.2d 201 . “In Miller, supra, we find: “ ‘ “Legal Malice” as an ingredient of murder is an intent to take human life without legal excuse, justification or mitigation, and it may be presumed from the use of a deadly weapon, unless the evidence which proves the killing rebuts the presumption. Coates v. State, 1 Ala.App. 35 , 56 So. 6 : Warren v. State, supra.’ “Here, the appellant’s use of the pistol presented sufficient evidence from which the Jury could infer that he acted with malice. “The fact that the appellant denied having intended to kill the deceased is not a proper criteria. “In Rogers v. State, 49 Ala.App. 78 , 268 So.2d 859 , this Court noted: “ ‘However, as to second degree murder, the crime for which appellant stands convicted, the law in Alabama is such that a finding of specific intent to kill is unnecessary to support a conviction. Smith v. State, 154 Ala. 31 , 45 So. 626 ; Titus v. State, 117 Ala. 16 , 23 So. 77 ; Fowler v. State, 155 Ala. 21 , 45 So. 913 .. . .’ “The conflict in the evidence presented a question for the Jury to determine, and the evidence was sufficient, if believed by the Jury, under the required rule to support the verdict. Miller”
4 later decisions 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.