State v. McKee
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. Argus done, Judge.- (1) Section 1261, Revised Statutes 1899, was intended to apply only to telegraph or telephone lines owned and operated by corporations, and not to those owned or operated by natural persons. (2) The use of general and compr hensive words in an act will not be held to enlarge the application so as to make it apply to natural persons if the context of the act shows that it was intended to apply only to corporations.
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Appeal from Polk Circuit Court. — Hon. Argus done, Judge.- (1) Section 1261, Revised Statutes 1899, was intended to apply only to telegraph or telephone lines owned and operated by corporations, and not to those owned or operated by natural persons. (2) The use of general and compr hensive words in an act will not be held to enlarge the application so as to make it apply to natural persons if the context of the act shows that it was intended to apply only to corporations. State v. Kelsey, 89 Mo. 628. (3) But if section 1261 was intended to apply to natural persons and their property, as well…
1Opinion of the CourtJohnson, J.
Defendants were tried and con-convicted on information of the prosecuting attorney of Polk county on the charge of cutting wires of a telephone line owned by a partnership knoAvn as the Farmers’ Bolivar and Van Telephone Company. Two offenses are alleged in separate counts of the information, both of which occurred January 20, 1904. Defendant *527McKee was fined ten dollars and defendant Allen one dollar on each count. An appeal was granted defendants to this court. In the brief filed by their counsel it was argued that, as the prosecution is for alleged violations of section 1261, Revised…
2Cases cited11 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. PorterSupreme Court of Missouri · 1858
- State v. RobbSupreme Court of Missouri · 1886
- State v. KeelandSupreme Court of Missouri · 1886
- State ex rel. Kansas City Park District v. County CourtSupreme Court of Missouri · 1890
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3Cited by4 opinions
- State v. BrotzerSupreme Court of Missouri · 1912
- Ex parte Davis v. DavisSouth Dakota Supreme Court · 1919
- Austin v. StateCourt of Criminal Appeals of Texas · 1911
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