City of Shawnee v. Landon
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Pottawatomie County ■ W. N. Maben, Judge. J. E. Landon was charged with violating .a city ordinance, and from a judgment of conviction in police court he appealed, and from an order sustaining a demurrer to the complaint the City of Shawnee appeals.
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Appeal from District Court, Pottawatomie County ■ W. N. Maben, Judge. J. E. Landon was charged with violating .a city ordinance, and from a judgment of conviction in police court he appealed, and from an order sustaining a demurrer to the complaint the City of Shawnee appeals. On the 6th day of November, 1907, the defendant was fined $25 in the police court of the city of Shawnee upon a complaint filed in said court charging him with violating the following ordinance of said city, to wit: •‘Whoever shall in this city, ride or drive any horse, mule or other beast faster than an ordinary…
1Opinion of the CourtFubman, Presiding Judge
(after stating the facts as above). It is a fundamental principal of criminal law, based on manifest justice, that penal statutes are not to be enlarged by implication or extended by inference. No person can be convicted of a crime unless the act committed is clearly within both the letter and the spirit of a penal statute. To our minds it is clear that the meaning of the ordinance involved in this case is to pro hibit and punish the riding or driving within the corporate limit.? of the City of Shawnee of'horses, mules, or any other beast faster than an ordinary traveling gait, or to…
2Cited by11 opinions
- Curtis v. Registered Dentists of OklahomaSupreme Court of Oklahoma · 1943
- State v. SandferCourt of Criminal Appeals of Oklahoma · 1951
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
- McDonald v. StateCourt of Criminal Appeals of Oklahoma · 1932
- Ex Parte BarnettCourt of Criminal Appeals of Oklahoma · 1953
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