553 So. 2d 673 - Gainer v. State’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no such provision in Alabama law with regard to offenses involving theft. . . . However, we are of the opinion that, even without an express statutory provision to that effect, mental deficiency on the part of the victim, which is known or should be known to the defendant, can render ineffective the apparent consent by that victim in a prosecution for theft [by knowdngly obtaining or exerting unauthorized control over the property of another].” 553 So. 2d at 679 .”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · 32 Kan. App. 2d 67 - State v. Maxon

2. “"`In reviewing the action of the trial court in overruling a motion to exclude the evidence, only the evidence before the trial court at the time the motion was made can be considered. . . . The standard of review is whether there exists legal evidence before the jury, at the time the motion was made, from which *Page 882 the jury could by fair inference find the defendant guilty.'"”

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

3. “[a]ccordingly, we hold that in a criminal prosecution for theft, where the evidence supports an inference that the defendant wrongfully obtained control over a bank account, the question of whether the defendant is actually a joint owner of the account is a question for the jury”

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