Ex Parte Lewis’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Failure to charge an offense is the kind of defect involved in due process of law and it cannot be waived. Nelson v. State, 50 Ala.App. 285 , 278 So.2d 734 (1973). Although the law does not compel a "ritual of words”

   9 later decisions quote this exact passage
   e.g. Sullens v. State · R.S.M. v. State

2. “[f]ailure to allege an essential element of the charged offense is a jurisdictional defect. . . .”

   7 later decisions quote this exact passage
   e.g. Madden v. State · Grant v. State

3. “"` The fact that the indictment refers to its statutory source cannot save it from being fatally deficient. The rule is that "the indictment must contain all the essentials to constitute the offense, explicitly charged, and that they must not be left to inference. " State v. Seay, 3 Stew. 123, 131 (1830). The indictment cannot be aided by intendment, Poore v. State, 17 Ala.App. 143 , 82 So. 627 (1919), and " nothing is to be left to implication or intendment, or to conclusion. " Mastoras v. State, 28 Ala.App. 123, 126 , 180 So. 113 , cert. denied, 235 Ala. 519 , 180 So. 115 (1938). A court is "without authority to add to, or take from, any of the material averments in the indictment, which speaks for itself and is conclusive." Crump v. State, 30 Ala.App. 241, 242 , 4 So.2d 188 (1941).'"”

   2 later decisions quote this exact passage
   e.g. Sullens v. State · 42 So. 3d 146 - ALL v. State