 | 1893 - 1260 halaman
...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.... | |
 | 1895 - 1210 halaman
...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... | |
 | William Lawrence Clark, William Lawrence Marshall - 1900 - 702 halaman
...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,... | |
 | Colorado. Supreme Court - 1900 - 990 halaman
...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... | |
 | Joel Prentiss Bishop - 1901 - 1028 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... | |
 | Jabez Gridley Sutherland - 1904 - 832 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... | |
 | United States. Supreme Court - 1904 - 312 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,...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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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... 
