Ex parte Neet
Supreme Court of Missouri
Habeas Corpus. (1)-Penal statutes are slrictissimi juris, must be'strictly construed against the state and for tbe benefit of the citizen. Rozelle v. Harrison, 103 Mo. 339; St. Charles v. Hackman, 133 Mo. 634; Potter’s Dwarris on Statutes and Const., pp. 48, 24-7; Sutherland on Stat. Const, sec. 208; Sedgwick on Stat. Const., p. 267; Endlish on Interp. of Stat, secs. 85 and 358..
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Habeas Corpus. (1)-Penal statutes are slrictissimi juris, must be'strictly construed against the state and for tbe benefit of the citizen. Rozelle v. Harrison, 103 Mo. 339; St. Charles v. Hackman, 133 Mo. 634; Potter’s Dwarris on Statutes and Const., pp. 48, 24-7; Sutherland on Stat. Const, sec. 208; Sedgwick on Stat. Const., p. 267; Endlish on Interp. of Stat, secs. 85 and 358.. They should not be extended or enlarged by judicial construction so as to embrace offenses or persons not plainly within their terms. State v. Reid, 125 Mo. 43. No one should be made subject to the provisions of…
1Opinion of the CourtMarshall, J.
This is a proceeding by habeas corpus, instituted by the petitioner, for the purpose of obtaining his discharge from the custody of the sheriff of Lafayette county and from his imprisonment in- the county jail, where he is held under a warrant of commitment issued' by the criminal court of that county upon a conviction before that court “on a charge of playing base ball on Sunday” — the information simply charging that the petitioner and others therein named “on the 4th day of June, 1899, at the county of Lafayette and State of Missouri, did then and there unlawfully play at a game of ball,…
2Cases cited11 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Ex parte SmithSupreme Court of Missouri · 1896
- Ex parte SlaterSupreme Court of Missouri · 1880
- Howell v. StewartSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ex parte AmosSupreme Court of Florida · 1927
- Ex Parte AmosSupreme Court of Florida · 1927
- Ex parte LucasSupreme Court of Missouri · 1901
- Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
- O'Haver v. MontgomeryTennessee Supreme Court · 1908
28 more not listed; retrieve them via the Exa API.