The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested... The New-York Legal Observer - Page 66edited by - 1849Full view - About this book
| William Lawrence Clark, William Lawrence Marshall - Criminal law - 1900 - 702 pages
...be plainly and unmistakably within the statute." US v. Lacher, supra. "The rule that penal statutes are to be construed strictly is, perhaps, not much...the law for the rights of individuals, and on the main principle that the power of punishment is vested in the legislative, not in the judicial, department.... | |
| Colorado. Supreme Court - Law reports, digests, etc - 1900 - 990 pages
...citizen who is required to obey it. The rule has been thus forcibly expressed by Chief Justice Marshall : "The rule that penal laws are to be construed strictly...construction itself. It is founded on the tenderness of tht law for the rights of individuals and on the plain principle that the power of punishment is vested... | |
| William Lawrence Clark, William Lawrence Marshall - Criminal law - 1905 - 952 pages
...within tl ute." US v. Lacher, supra. "The rule that penal statutes are to be construed strictly is, p not much less old than construction itself. It is founded on the ness of the law for the rights of individuals, and on the mai ciple that the power of punishment is... | |
| United States. Supreme Court - Law reports, digests, etc - 1901 - 1424 pages
...27 L. ed. 1012. Says Chief Justice Marshall in Unitec State* v. Wiltberger, 5 Wheat. 95, 5 L. ed 42: "The rule that penal laws are to be construed strictly...perhaps not much less old than construction itself." And in United States v. Morris, 14 Pet 475, 10 L. ed. 548, the court remarked: "It has been long and... | |
| Joel Prentiss Bishop - Criminal law - 1901 - 1032 pages
...private property are construed strictly. Fork Ridge Ass'n v. Redd, 33 W. Va. 262, 10 SE R 405.] 7 " The rule that penal laws are to be construed strictly is perhaps not be able to know certainly when he is guilty of crime,1 statutes which subject one to a punishment or... | |
| John Milton Gardner, Walter James Eagle - Employers' liability - 1903 - 798 pages
...opinion of Chief Justice Marshall in US v. Wiltberger, 5 Wheat. 76: " The rule that penal statutes are to be construed strictly is perhaps not much less...principle that the power of punishment is vested in the leg1slative, and not in the judic1al, department. It is the legislature, not the court, which is to... | |
| Railroad law - 1903 - 1010 pages
...Chief Justice Marshall in US v. Wiltberger, 5 Wheat. 76, S L- Ed. 37: "The rule that penal statutes are to be construed strictly is perhaps not much less...principle that the power of punishment is vested in the legislative, and not in the judicial, department. It is the legislature, not the court, which is to... | |
| Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1914 - 856 pages
...limited extent. In 2 Lewis' 3. Sutherland, Stat. Constr. 962, the author uses the following language: "The rule that penal laws are to be construed strictly...power of punishment is vested in the legislature. It is the legislature, not the court, which is to define a crime Booth v. State— 179 Ind.'405. and... | |
| United States. Supreme Court - Law reports, digests, etc - 1904 - 312 pages
...if within the letter of the statute. So, if it be within the reason of the statute. The rule ijiat penal laws are to be construed strictly, is perhaps...principle, that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define... | |
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