574 So. 2d 1018 - Baker v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As Judge Clark, writing for this Court in Hubbard v. State , 374 So.2d 427 (Ala.Cr.App. 1979), observed, 'Similar questions of variances between the indictment and the proof have been a source of concern for hundreds of years and have not abated. The principle is clear to the effect that it is not absolutely necessary that the evidence show that title to the property is in the person or legal entity designated in the indictment, but that if the evidence shows that if the individual or legal entity designated in the indictment has a special property right to the property, it is sufficient.' 374 So.2d at 430 . See also Riggens v. State , 44 Ala. App. 275 , 276 , 207 So.2d 141 , *Page 681 142 (1968); Lacey v. State , 13 Ala. App. 212 , 68 So. 706 , 711 (1915). '[T]o constitute a good indictment for larceny the thing stolen may be charged to be the property of the actual owner or of a person having a special property, as bailee, and from whose possession it was stolen.' Joyce on Indictments § 427 at 487-88 (2nd ed. 1924)."”

   1 later decision quote this exact passage
   e.g. 624 So. 2d 678 - Rheaume v. State

2. “' "In a [theft of property] prosecution the ownership of the alleged stolen property is properly laid in the person who is in the right possession thereof at the time of the theft.”

   1 later decision quote this exact passage
   e.g. 642 So. 2d 511 - Reese v. City of Dothan

3. “[k]nowingly obtain[ing] or exert[ing] unauthorized control over the property of another, with intent to deprive the owner of his property. . . .”

   1 later decision quote this exact passage
   e.g. 642 So. 2d 511 - Reese v. City of Dothan