616 So. 2d 392 - Crews v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Section 13A-6-2 (a)(1) provides that a person commits murder if `[w]ith intent to cause the death of another person, he causes the death of that person or of another person.' "The state argues that, pursuant to § 13A-5-40 (b), a person commits capital murder if, with the intent to cause the death of another person, he causes the *Page 696 death of that person or someone else and he does so pursuant to one of the aggravating factors set out in § 13A-5-40 (a). By its language, § 13A-6-2 (a)(1) clearly invokes the doctrine of transferred intent in defining the crime of murder. For example, if Defendant fires a gun with the intent to kill Smith but instead kills Jones, then Defendant is guilty of the intentional murder of Jones. The same analysis, however, does not apply to the factual circumstances that elevate the crime of murder (§ 13A-6-2 (a)(1)) to capital murder (§ 13A-5-40 ). "Under the facts alleged in the indictment, Jackson's intent to kill Prickett can certainly be `transferred' to the conduct that actually resulted in the death of Roberts. However, Prickett's location (in a motor vehicle) cannot be `transferred' to Roberts so as to elevate the crime to capital murder. "First, the clear statutory language of § 13A-5-40 (a)(17), considered together with § 13A-5-40 (b) and § 13A-6-2 (a)(1), does not yield that result. Section 13A-5-40 (b) refers to § 13A-6-2 (a)(1) for the definition of `murder'; and § 13A-6-2 (a)(1) codifies the doctrine of transferred intent in that d”

   1 later decision quote this exact passage
   e.g. 728 So. 2d 691 - Farrior v. State

2. “that he saw [defendant] point the gun at [the victim] and shoot her in the abdomen”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 71 - Perry v. State

3. “that they had seen [defendant] with [a] shotgun on the day of the shooting”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 71 - Perry v. State