 The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 279by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1921Full view - About this book
 | John Elihu Hall - Law - 1813 - 658 pages
...that our courts were not bound to understand and enforce it. The counsel for the appellant insisted on the rule of the common law, that penal statutes are to be construed strictly against the accuser; nor was he aware of any privilege which the embargo act and... | |
 | New York (State). Commissioners of the Code, David Dudley Field - Criminal law - 1864 - 358 pages
...jury, if they convict the prisoner, shall find the degree of the crime, of which he is guilty. g 10. The rule of the common law that penal statutes are to be strictly construed, has no application p'enai'code. to this Code. All its provisions are to be construed according to the fair import of their... | |
 | Law - 1870 - 402 pages
...had not been passed." It will be observed that this section abolishes all common law offences. "§10. The rule of the common law that penal statutes are to be strictly construed has no application to this Code. All its provisions are to be construed according to the fair import of their terras, with... | |
 | Nicholas St. John Green - Criminal law - 1879 - 838 pages
...somewhat in interpreting this clause, by section four of the Penal Code, which is in these words : " The rule of the common law that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...of it is retroactive, unless expressly so declared. 13.004. Construction of the Penal Code. SEC. 4. " Instead of " prima facie," it had the word " primary." 12.013. If made in another slate, before w this code. All its provisions are to be construed according to the fair import of their terms, with... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1881 - 678 pages
...against them was commenced before that act went into effect. Sec. 4 of the act (CL § 1834) declares that: " The rule of the common law that penal statutes...are to be strictly construed has no application to this code; all its provisions are to be construed according to the fair import of their terms, with... | |
 | California - Criminal law - 1881 - 940 pages
...statute retroact — 1 Cal, G5; 39 id. 309. So, as to acts concerning appeals-28 Cal. 320. [24] 4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed accord-, ing to the fair import of their terms, with... | |
 | California - Criminal law - 1881 - 820 pages
...CLJ, 686. 5. Corresponding Sections. —The same section is found in each of the other three codes. 4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with... | |
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