Legal Opinion

State v. Williams

Missouri Court of Appeals

Decided April 15, 1889PublishedCited by 7 opinions

Appeal from the Randolph Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) It is an established rule of construction that where general words follow particular ones, the general words will be limited in their meaning and restricted in their operation to things of a like kind and nature with those particularly specified. State v. Bryant, 90 Mo. 535 and cases ; City St. Louis n. Laughlin, 49 Mo. 559 ; City St. Joe v. Porter, 29 Mo. App. 605 ; Knox City v. Thompson, 19 Mo.

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Appeal from the Randolph Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) It is an established rule of construction that where general words follow particular ones, the general words will be limited in their meaning and restricted in their operation to things of a like kind and nature with those particularly specified. State v. Bryant, 90 Mo. 535 and cases ; City St. Louis n. Laughlin, 49 Mo. 559 ; City St. Joe v. Porter, 29 Mo. App. 605 ; Knox City v. Thompson, 19 Mo. App. 523 ; Bank t>. Tinsley, 11 Mo. App. 500. (2) Penal and criminal statutes must be strictly construed in those parts…

1Opinion of the CourtEllison, J.

The defendant was indicted, tried and convicted for playing the game of base-ball on Sunday. He appeals to this court on the ground, as alleged by him, that “playing at a game of base-ball on'Sunday is not forbidden by the laws of this state.”

The testimony on the part of the state was, in substance, as follows:

“ The defendant was, during the year 1888, a member of the Moberly Base-Ball Club ; that on a certain Sunday in July, 1888, the club played a game of baseball at their grounds, just outside of the corporate limits of the said city of Moberly, and that the defendant was present and…

2Cases cited12 opinions

  1. The Emily and the CarolineSupreme Court of the United States · 1824
  2. City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
  3. Foster v. BlountSupreme Court of Alabama · 1851
  4. Shropshire v. GlascockSupreme Court of Missouri · 1837
  5. Knox City v. ThompsonMissouri Court of Appeals · 1885

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Ex parte NeetSupreme Court of Missouri · 1900
  2. St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
  3. City of Kansas v. VindquestCourt of Appeals of Kansas · 1889
  4. City of St. Joseph v. ElliottMissouri Court of Appeals · 1891
  5. State v. O'RourkNebraska Supreme Court · 1892

2 more not listed; retrieve them via the Exa API.

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