54 Ala. App. 280 - Lowe v. State’s Empirical Analysis
1974
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently August 2010 · most notably Anchondo v. Corrections Department (1983), 380 So. 2d 940 - House v. State (1979)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on McDonald v. State · Massey v. State · 50 Ala. App. 271 - McKinney v. State · 49 Ala. App. 345 - Massey v. State · Mincey 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The constituent elements of the statute in the instant case are: (1) assault upon a police officer, (2) who was engaged in the active discharge of his lawful duties, and, (3) with a deadly instrument. To read into this statute the additional elements of scienter, murderous intent, and the use of the instrumentality in such manner as to reflect an evil intent, is unwarranted. This statute falls in the class of malum prohibitum and not malum in se. It was enacted to protect a class of citizens engaged in ferreting out crime and in the enforcement of the criminal laws of the State and thereby for the ultimate protection of society.” ****** “If malicious intent were an essential element of the offense under Title 14, Section 374(20), Code of Alabama 1940, it would simply be a duplication of Title 14, Section 38, Code of Alabama 1940, which provides, inter alia, that a conviction for assault with intent to murder is punishable by imprisonment in the penitentiary for not less than two nor more than twenty years. The Legislature did not intend such a duplication and overlapping of these specific statutes, but intended to create a new offense for the protection of all police officers in which ‘malice’, ‘intent’, and words of like import are conspicuously absent. This section, unlike section 38, supra, requires the use of a ‘deadly instrument’. The trial court in its instructions to the jury placed a greater burden on the state than is required in this type prosecution and certainly ”
1 later decision quote this exact passagee.g. Davis v. State““Title 14, Section 374(19), Code of Alabama 1940, deals with a simple assault or assault and battery upon a peace officer or other law enforcement officer of the state while engaged in the discharge of his duty or duties which is a misdemean- or. If a ‘deadly instrument’ is used the misdemeanor section has no application. Therefore, Section 374(19), is not a lesser included offense in prosecutions under Section 374(20), supra, where a ‘deadly instrument’ is used to commit the offense.””
1 later decision quote this exact passagee.g. Davis v. State“a law enforcement officer of the State of Alabama, viz: a Correctional Officer of the William G. Holman Unit,”
1 later decision 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.