 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1867 - 610 halaman
...individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature,...which is to define a crime and ordain its punishment. * * The intention of the legislature is to be collected from the Rhode «. Green. words they employ.... | |
 | Francis Bacon - 1868 - 694 halaman
...individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature,...which is to define a crime, and ordain its punishment. — United States v. Wiltberger, 5 Wheaton, 95. p. 550, 1. 24. " It is no grace to a judge first to... | |
 | Francis Bacon - 1868 - 786 halaman
...individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature,...which is to define a crime, and ordain its punishment. — United States v. Wiltberger, 5 Wheaton, 95. p. 550, 1. 24. '- It is no grace to a judge first to... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 halaman
...legislature," says Chief Justice MARSHALL, in United Siaten v. Willberger, Lowenberg v. The People. " not the court, which is to define a crime and ordain its punishment." What is this case? The legislature has defined the crime of murder in the first degree, but made no... | |
 | United States. Department of State - 1870 - 756 halaman
...trouble your lordships. He is citing a statute respecting manslaughter upon the high seas, and he says: "The rule that penal laws are to be construed strictly...legislature, not the court, which is to define a crime and to ordain its punishment." Then there follow these words: "It is said that, notwithM muling this rule,... | |
 | United States. Department of State - 1870 - 748 halaman
...lordships. He is citing a statute respecting manslaughter upon the high seas, and he says: "The rnle that penal laws are to be construed strictly is, perhaps,...legislature, not the court, which is to define a crime and to ordain its punishment." Then there follow these words: "It is said that, notwithstanding this rule,... | |
 | United States. Department of State - 1870 - 748 halaman
...trouble your lordships. He is citing a statute respecting manslaughter upon the high seas, and he says: "The rule that penal laws are to be construed strictly...the legislature, not the court, which is to define a eria&e and to ordain its punishment." Then there follow these words: "It is said that, notwithstanding... | |
 | Theodore Sedgwick - 1874 - 750 halaman
...individuals ; and on the plain principle, that the power of punishment is vested in the Legislature, not in the judicial department. It is the Legislature,...rule, the intention of the law-maker must govern in its construction of penal, as well as other statutes. This is true. But this is not a new, independent... | |
 | Francis Bacon - 1874 - 700 halaman
...individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature,...which is to define a crime, and ordain its punishment. — United States o. Wiltberger, 5 Wheaton, 95. p. 550, 1. 24. " It is no grace to a judge first to... | |
 | 1904 - 1038 halaman
...case, quotes the language of Mr. Chief Justice Marshall in United States v. Wiltbergcr, 5 Wheat. 76, 5 L. Ed. 37, as follows : "The rule that penal laws...rule, the intention of the lawmaker must govern in the «instruction of penal as well as other statutes. But this is not a new, independent rule which subverts... | |
| |
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 in... 
