538 So. 2d 804 - Marlow v. State’s Empirical Analysis

Citation profile

10 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. “"Circumstantial evidence simply means all evidence of an indirect nature. In other words, there is direct evidence and there is indirect evidence. So circumstantial evidence is simply evidence of an indirect nature. When the evidence against a defendant is partially circumstantial or indirect, his innocence should be presumed by the jury until his guilt is established by the evidence in all of the material aspects of the case beyond a reasonable doubt and to a moral certainty, the same as if the evidence were wholly direct or wholly circumstantial. The question always comes back to: Did the State by the evidence prove the defendant guilty beyond a reasonable doubt? "The test of the sufficiency of circumstantial evidence in a criminal case is whether the circumstances as proven are capable of an explanation upon a reasonable hypothesis consistent with the defendant's innocence, and if they are so capable of such an explanation, then a defendant should be acquitted. Because in that instance what we are saying is that you can explain away the evidence to the point where you reach a reasonable basis for doubting the evidence before you, and in that event you're not *Page 1076 convinced beyond a reasonable doubt, so we come back to the basic instruction that the State carries the burden of proof. "So circumstantial evidence is as good as any other kind of evidence, but like that of positive evidence it must produce in the minds of the jury a conviction of guilt beyond a reasonable”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 1062 - Williams v. State

2. ““ ‘Upon proof of a burglary, the possession soon thereafter of goods recently taken in a burglary affords a logical inference in the absence of a satisfactory explanation that the possessor was the burglar.’ Trammell v. State, 377 So.2d 12 (1979). It is also well founded in this state that, when a breaking and entering is shown by the evidence and it appears that, at the time of the breaking, certain property was stolen, which is later found in the possession of the defendant, this, if unexplained to the satisfaction of the jury, would be sufficient to support a judgment of guilt. Pugh v. State, 376 So.2d 1135 (Ala.Crim.App.), writ denied, Ex parte Pugh, 376 So.2d 1145 (Ala.1979); McConnell v. State, 429 So.2d 662 (Ala.Crim.App.1983); Moon v. State, [ 460 So.2d 287 (Ala.Crim.App.1984)]. “In this cause, the defense attempted to establish an alibi by placing the appellant in Florida. This presents a question for the jury which was resolved against Marlow. It is true that no one saw Marlow on the premises on the date of the burglary. No fingerprints were found. “However, sufficient evidence was placed before the jury to sustain Mar-low’s conviction. Thus, the trial court’s denial of the appellant’s motion for judgment of acquittal and for a motion for new trial was not in error.””

   1 later decision quote this exact passage
   e.g. 82 So. 3d 776 - Steven Todd Johnson v. State of Alabama.