Ex parte Helton
Missouri Court of Appeals
Original Proceeding by Habeas Corpus. (1) A statute should be so construed that effect will be given to all of its provisions. Bank v. Ripley, 161 Mo. 126, 61 S. W. 587. (2) When a literal construction of any section would conflict with any other section of a statute or with the scope and manifest intent of the act, it is the duty of the court, if possible, to harmonize the various provisions and, if necessary, to depart from a literal construction of one or more sections.
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Original Proceeding by Habeas Corpus. (1) A statute should be so construed that effect will be given to all of its provisions. Bank v. Ripley, 161 Mo. 126, 61 S. W. 587. (2) When a literal construction of any section would conflict with any other section of a statute or with the scope and manifest intent of the act, it is the duty of the court, if possible, to harmonize the various provisions and, if necessary, to depart from a literal construction of one or more sections. State ex reí. v. Hernán, 70 M'o. 441. All parts of' a law must be considered in getting at full significance of any part…
1Opinion of the CourtBland, P. J.
On an information, filed before a justice of the peace, charging him with hunting game in his own county (Marion) the petitioner was convicted, fined twenty-five dollars and committed to jail until he should pay said fine. In his petition for discharge on writ of habeas corpus, the petitioner alleges that his conviction and imprisonment are without warrant of law. His contention is that there is no law requiring a resient of this State to take out a hunting license to hunt in the county where he resides. This brings up for construction sections 54, 57, 58, 59 and 61, of the act relating to…
2Cases cited19 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Gardner v. CollectorSupreme Court of the United States · 1868
- The Great RepublicSupreme Court of the United States · 1874
- Bradley v. WestSupreme Court of Missouri · 1875
- State v. ReidSupreme Court of Missouri · 1894
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3Cited by4 opinions
- State v. KoockSupreme Court of Missouri · 1907
- Opinion No. (1985), Missouri Attorney General Reports1985
- San Gabriel County Water District v. RichardsonCalifornia Court of Appeal · 1924
- State ex rel. Danforth v. European Health Spa, Inc.Missouri Court of Appeals · 1980