540 So. 2d 795 - Herring v. State’s Empirical Analysis
1988
Citation profile
1
cited by 1 later decisions
1
states following
March 1998
most recently cited
1 state decisions
Relationships
Relies on 471 So. 2d 485 - Faircloth v. State · 471 So. 2d 493 - Ex Parte Faircloth · Doss v. State · Sorrell v. State · Miller 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`The test for determining the sufficiency of the corroborative evidence ... is through a "subtraction process". Thompson v. State, 374 So.2d 388, 389 (Ala.1979), citing Kimmons v. State, 343 So.2d 542 (Ala.Cr.App.1977). The test is generally stated: "`"[F]irst, the evidence of the accomplice must be eliminated, and then, if upon examination of all other evidence, there is sufficient incriminating evidence tending to connect the defendant with the commission of the offense, there is sufficient corroboration...." Miller v. State, 290 Ala. 248, 250 , 275 So.2d 675 (1973).... "`This rule is codified in Alabama Code 1975, Section 12-21-222.' McCoy v. State, 397 So.2d 577, 585 (Ala.Cr. App.), cert. denied, 397 So.2d 589 (Ala. 1981). [Emphasis added in McCoy . ] "`"The corroboration which is sufficient to support the accomplices' testimony must be of some fact tending to prove the guilt of the defendant. "`"`... It must be of a substantive character, must be inconsistent with the innocence of the accused and must do more than raise a suspicion of guilt....' Sorrell v. State, 249 Ala. 292 , 31 So.2d 82, 83 ."' Ex parte Bell, 475 So.2d 609, 613 (Ala. 1985). See also Booker v. State, 477 So.2d 1388, 1390 (Ala.Cr.App.1985). `"[E]vidence which merely raises a conjecture, surmise, speculation, or suspicion that [the] accused is the guilty person is not ... sufficiently corroborative of the testimony of an accomplice to warrant a conviction." 23 C.J.S. Criminal Law, Section 812(5)(b).' St”
1 later decision quote this exact passage“[E]vidence which merely raises a conjecture, surmise, speculation, or suspicion that [the] accused is the guilty person is not ... sufficiently corroborative of the testimony of an accomplice to warrant a conviction.”
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.