Breeding v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'In the prosecution of an accused for the offense of murder, the State must prove the corpus delicti which includes: (1) the death of the victim named in the indictment, and (2) that the death was caused by the criminal agency of another. See Johnson v. State , 378 So.2d 1164 (Ala.Crim.App.), cert. quashed, 378 So.2d 1173 (Ala. 1979). The State must further show that the defendant caused the death of the victim and the intent to cause such death. Section 13A-6-2 , Code of Alabama 1975. Intent may be inferred from the use of a deadly weapon. [Citations omitted.] Further, circumstantial evidence alone may be sufficient in conjunction with other facts and circumstances which tend to connect the accused with the commission of the crime to sustain a conviction.'”

   2 later decisions quote this exact passage
   e.g. 590 So. 2d 354 - Ex Parte Bailey · 650 So. 2d 605 - Buskey v. State

2. “[i]f facts are presented from which a jury may reasonably infer that the crime has been committed, the question must be submitted to the jury.”

   2 later decisions quote this exact passage
   e.g. Woods v. State · 874 So. 2d 1155 - Wilson v. State

3. “"Now under your oath you are duty bound to decide this case based on the law and the evidence that you've heard. Cases are not to be decided based on sympathy or any other factor. "How did this case come to you? It came by means of an indictment. I've already read that indictment to you. When the Grand Jury returned that indictment for the charge of distribution of cocaine the Defendant entered a plea of not guilty, which he had a perfect legal right to do. By virtue of his entering that plea it casts the burden of proof on the State of Alabama to satisfy each one of you beyond a reasonable doubt and to a moral certainty of his guilt. The Defendant has no burden placed on him. He does not have to prove his innocence. "He comes into court surrounded with what we call a presumption of innocence and it stays with him until such time as each one of you is satisfied beyond a reasonable doubt that he is guilty. And only at that time does he shed that cloak of innocence. Now this presumption of innocence is evidence that you may consider on his behalf. "As I say the burden of proof is on the state and that burden is to prove beyond a reasonable doubt the Defendant's guilt. . . . ". . . In deciding this case, ladies and gentlemen, as I've said you base your decision on the evidence. Evidence consists of three things: First is the sworn testimony that you heard from the witness stand; secondly, the exhibits and documents that you'll have with you in the jury room; and third is the pre”

   1 later decision quote this exact passage
   e.g. 606 So. 2d 198 - Finley v. State