Can reference to a statute cure a defect in the indictment where it fails to allege the elements of the crime?

When the indictment is questioned prior to trial, reference to a statute cannot cure a defect in the indictment where it fails to allege the elements of the crime. United States v. Kurka, 818 F.2d 1427, 1431 (9th Cir.1987) ⁴. In Kurka, the defendant moved to dismiss the indictment on the ground that it failed to allege that the damage to the property was willful. The district court denied the motion. Id. at 1428. The failure to include the element was held to render the indictment defective. It was also noted that the erroneous interpretation persisted throughout the trial. Id. at 1431.