Davis v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; The court erred in overruling the demurrer and in giving instruction No. 1. Kirby’s Digest, § 1902. This statute does not include fruit trees.
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; The court erred in overruling the demurrer and in giving instruction No. 1. Kirby’s Digest, § 1902. This statute does not include fruit trees. In construing a statute inapt words should be disregarded and the intent gathered from the whole act read in connection with its title and evident purpose. 86 Ark. 518. Penal statutes are construed strictly and the general words should be restrained for the benefit of him against whom the penalty is inflicted. An offender must fall both within the words and the mischief to be remedied. See 6 Ark.…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted of a felony, in the Benton Circuit Court, under section 1902 of Kirby’s Digest, for unlawfully, maliciously and feloniously cutting down ten apple trees growing upon the land of Julius Giger and Henry Giger in said county and State, and one year’s imprisonment was imposed upon him as a punishment therefor. Prom the judgment of conviction an appeal has been duly prosecuted to this court.
The evidence tended to show that, on or about the 10th day of October, 1918, appellant, who had had a dispute or quarrel with his employers, Julius Giger and Henry…
2Cases cited7 opinions
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Laser v. JonesSupreme Court of Arkansas · 1915
- Hancock v. StateSupreme Court of Arkansas · 1910
- Geary v. ParkerSupreme Court of Arkansas · 1898
- McNair v. WilliamsSupreme Court of Arkansas · 1873
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