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" 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... "
Biennial report of the Bureau of Labor Statistics of the State of California ... - Halaman 69
1912
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 84

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1893
...and perhaps, on the familiar rule, is to be strictly construed. Yet the intention of the legislature must govern in the construction of penal as well as other statutes, and they are not to be construed so strictly as to defeat the obvious intention of the legislature....
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Wisconsin Reports, Volume 90

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1895
...individuals, and on the plain principle that the power of punishment is vested in the legislative department, 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 words they employ. Where there is...
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The Northwestern Reporter, Volume 63

1895
...individuals, and on the plain principle that the power of punishment is vested in the legislative department, 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 words they employ. Where there...
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A Treatise on the Law of Crimes, Volume 1

William Lawrence Clark, William Lawrence Marshall - 1900
...of individuals, and on the main principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature,...is to define a crime, and ordain its punishment." Per Chief Justice Marshall, iq US v. Wiltberger, 5 Wheat. (US) 76. 1" State v. Bryant, 90 Mo. 534,...
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Colorado Decisions: Every Opinion of the Supreme Court and Court ..., Volume 1

Colorado. Supreme Court - 1900
...of 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, not the court, which is to define the crime and ordain its • punishment. * * * The intention of the legislature is to he collected...
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Commentaries on the Law of Statutory Crimes: Including the Written Laws and ...

Joel Prentiss Bishop - 1901 - 997 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, not the court, which is to define a orime and ordain its punishment. It is said that, notwithstanding this rule, the intention of the law-maker...
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Statutes and Statutory Construction: Including a Discussion of ..., Volume 2

Jabez Gridley Sutherland - 1904 - 1416 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,...the construction of penal as well as other statutes. This is true. But this is not a new independent rule which subverts the old. It is the modification...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 18

United States. Supreme Court - 1904
...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,...must govern in the construction of penal, as well other statutes. This is true. But this is not a new independent rule, which subverts the old. It is...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 179

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1914
...individuals; and on the plain principle that the 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 ordain its punishment. It is said that notwithstanding this rule,...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1904
...and reasonably. "Though penal laws are to be construed strictly, yet the intention of the legislature must govern in the construction of penal as well as other statutes, and they are not to be construed so strictly as to defeat the obvious intention of the legislature."...
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