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6 Alabama opinions name it 3 courts 1927–2005 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hampton v. Stategreen1 sentence2005See Hampton v. State, 815 So.2d 571 (Ala.Crim.App. 2001) (holding that an indictment charging a violation of § 13A-11-200 , Ala. Code 1975, that failed to charge that the defendant acted willfully or knowingly, which § 13A-11-203 specifically designated as an essential element of an offense under § 13A-11-200 , but which otherwise validly charged the offense defined by § 13A-11-200 , was properly amended to add the statutory mens rea element). | 1 | 1 |
Carruth v. Stategreen1 sentence2005See also Carruth v. State, 927 So.2d 866 (Ala.Crim.App. 2005) (holding that an indictment that fails to charge a mens rea element but otherwise validly charges a crime may be amended to add the mens rea element). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis v. State
green
2 sentences1994His argument is based on Davis v. State, 68 Ala. 58 (1880), which involved an indictment charging a violation of a statute defining as unlawful the transportation of cotton after dark. 1992His argument is based on Davis v. State , 68 Ala. 58 (1880), which involved an indictment charging a violation of a statute defining as unlawful the transportation of cotton after dark. | 2 | 1992–1994 |
Smith v. State
green
1 sentence1982Napier v. State , Ala.Cr.App.; 344 So.2d 1235 , cert. denied, Ala., 344 So.2d 1239 (1977). | 1 | 1982–1982 |
Napier v. State
green
1 sentence1982Napier v. State , Ala.Cr.App.; 344 So.2d 1235 , cert. denied, Ala., 344 So.2d 1239 (1977). | 1 | 1982–1982 |
Favor v. State
green
2 sentences1982Therefore, in securities fraud cases, `willfully' in subsection (a) necessarily `requires proof of the guilty knowledge or mens rea.'" Favor v. State, 389 So.2d 556 (Ala.Cr.App. 1980). "[U]nder an indictment charging a violation of the Alabama Securities Act the state has the burden of showing that the conduct was willful and unlawful." [Emphasis added.] Van Antwerp v. State, 358 So.2d 782 (Ala. Cr.App.1978). 1982Therefore, in securities fraud cases, `willfully' in subsection (a) necessarily `requires proof of the guilty knowledge or mens rea.'" Favor v. State , 389 So.2d 556 (Ala.Cr.App. 1980). "[U]nder an indictment charging a violation of the Alabama Securities Act the state has the burden of showing that the conduct was willful and unlawful." [Emphasis added.] Van Antwerp v. State , 358 So.2d 782 (Ala.Cr.App. 1978). | 1 | 1982–1982 |
Van Antwerp v. State
green
2 sentences1982Therefore, in securities fraud cases, `willfully' in subsection (a) necessarily `requires proof of the guilty knowledge or mens rea.'" Favor v. State, 389 So.2d 556 (Ala.Cr.App. 1980). "[U]nder an indictment charging a violation of the Alabama Securities Act the state has the burden of showing that the conduct was willful and unlawful." [Emphasis added.] Van Antwerp v. State, 358 So.2d 782 (Ala. Cr.App.1978). 1982Therefore, in securities fraud cases, `willfully' in subsection (a) necessarily `requires proof of the guilty knowledge or mens rea.'" Favor v. State , 389 So.2d 556 (Ala.Cr.App. 1980). "[U]nder an indictment charging a violation of the Alabama Securities Act the state has the burden of showing that the conduct was willful and unlawful." [Emphasis added.] Van Antwerp v. State , 358 So.2d 782 (Ala.Cr.App. 1978). | 1 | 1982–1982 |
Jones v. State
green
2 sentences1927Jones v. State, 181 Ala. 63 , 61 So. 434 . 1927Jones v. State, 181 Ala. 63 , 61 So. 434 . | 1 | 1927–1927 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.