560 So. 2d 1143 - Fantroy v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The State's evidence, viewed in its most favorable light, shows that Robert Lynch, one of two codefendants, grabbed a purse from Mrs. Kathryn Hannon after a brief struggle. Lynch fled a distance on foot, jumped a chain link fence, and got into a white Cadillac driven by the defendant. The evidence is uncontradicted that only one person actually stole the purse and that the defendant was not physically present when that taking occurred. "The indictment specifically charged the defendant with a violation of Ala. Code 1975, § 13A-8-42 . 'A person commits the crime of robbery in the second degree if he violates section 13A-8-43 [robbery in the third degree] and he is aided by another person actually present. ' (Emphasis added.) 'Robbery in the second degree, § 13A-8-42 , requires that at least two robbers be present.' Commentary to § 13A-8-42 . 'Where an accomplice to a robbery acts solely as the getaway driver and participates in neither the threat of force, its use, nor the taking of property, and is not in the immediate vicinity of the robbery or so positioned as to be capable of rendering assistance to the robber, he is not "another person actually present" within the meaning of the aggravating accomplice factor of robbery, second degree.' People v. Hedgeman , 70 N.Y.2d 533 , 523 N.Y.S.2d 46 , 517 N.E.2d 858 (1987) (getaway driver was actually present). Under the facts presented, the defendant could be guilty, as a matter of law, only of robbery in the third degree. "The tri”

   3 later decisions quote this exact passage
   e.g. 587 So. 2d 303 - Ex Parte Lynch · 587 So. 2d 306 - Lynch v. State

2. “within the meaning of § 13A-8-42 . Under the facts, Fantroy could be guilty only of robbery in the third degree. That court ordered that Fantroy's conviction for second degree robbery be set aside and that he be adjudged guilty of third degree robbery and be sentenced accordingly. This Court ordered the Court of Criminal Appeals to comply with Fantroy , because Lynch also could not be convicted of second degree robbery, because § 13A-8-42 requires, for that crime, that at least two robbers be”

   1 later decision quote this exact passage
   e.g. 587 So. 2d 306 - Lynch v. State