Opinion

Phillips v. State

  • 771 So. 2d 1061
  • 1998 Ala. Crim. App. LEXIS 269
  • 1998 WL 881169
Court
Court of Criminal Appeals of Alabama
Filed
Dec 18, 1998
Status
Published
Author
Baschab
On the bench
Baschab, Long
Cited by
2 cases

The opinion

Although I agree with the majority opinion, I feel compelled to concur specially to address my concerns about the "hunting-over-a-baited-field" statute. As the majority notes, certain "innocent" hunters may be placed in a precarious position by the statute. Therefore, I encourage the legislature to re-examine the statute carefully and to decide whether it truly intended for hunting over a baited field to be a strict liability offense. If it did not, the legislature should rewrite the statute to include specific language designating the culpable mental state required for the offense.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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