Dates v. State

2 Citing cases

  1. Dates v. State

    335 So. 2d 225 (Ala. 1976)

    ALMON, Justice. Petition of the State by its Atty. Gen. for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Dates v. State, 58 Ala. App. ___, 335 So.2d 222. WRIT DENIED.

  2. Phelps v. State

    439 So. 2d 727 (Ala. Crim. App. 1983)   Cited 35 times

    (Emphasis added). Citing Dates v. State, 335 So.2d 222 (Ala.Cr.App.), cert. denied, 335 So.2d 225 (Ala. 1976), appellant maintains that the omission of the word "willfully" before the term "maltreat" in the accusation rendered the indictment fatally defective. Generally, of course, if a criminal statute makes a certain act an offense if it is done willfully, then willfulness is an essential element of the crime, and "in describing the offense it is necessary that the word `wilfully' should be used, or words equivalent in their meaning."