536 So. 2d 971 - Mack v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A basic principle of statutory construction is that a general statute yields to a specific statute where there is a conflict between the two. See Murphy v. City of Mobile, 504 So.2d 243 (Ala.Cr. App.1987); Chesteen v. State, 365 So.2d 102 (Ala.Cr.App.1978). The legislative history shows that both § 20-2-162 and 13A-12-212 were enacted on July 23, 1987. "`Another well-settled canon of statutory construction is that statutes relating to the same subject, and adopted at the same time as constituting one system of law, will be construed in pari materia so as to effectuate the legislative intent, giving each, where it is reasonably possible to do so, a field of operation.' " Coan v. State, 224 Ala. 584, 585 , 141 So. 263 (1932). ".... "`A statute making it a crime to attempt to commit an offense is intended to be of a general nature punishing all attempts to commit any crime, and it has been held to apply only where there is no other specific provision of law, punishing such attempt.' Id. [McDavid v. State, 439 So.2d 750 ] at 752 [Ala.Cr.App.1983], quoting from 22 C.J.S. Criminal Law, Section 74, p. 227 (1961)."”

   2 later decisions quote this exact passage
   e.g. Harris v. State · Washington v. State

2. “"(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in section 13A-4-2(a), and the crime attempted is a controlled substance crime. "(b) The principles of liability and defenses for an attempt to commit a controlled substance crime are the same as those specified in sections 13A-4-2(b) through (c), and in section 13A-4-5. "(c) An attempt to commit a controlled substance crime shall be punished the same as the controlled substance crime attempted."”

   1 later decision quote this exact passage
   e.g. Harris v. State

3. “`A statute making it a crime to attempt to commit an offense is intended to be of a general nature punishing all attempts to commit any crime, and it has been held to apply only where there is no other specific provision of law, punishing such attempt.' Id. [McDavid v. State, 439 So.2d 750 ] at 752 [Ala.Cr.App.1983], quoting from 22 C.J.S. Criminal Law, Section 74, p. 227 (1961).”

   1 later decision quote this exact passage
   e.g. Harris v. State