State v. Tower
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— jEon. Hiram N. Moore, Judge! (1) The statute upon -which this prosecution is based is a criminal or penal statute and as such, under all the authorities, should be strictly construed.
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Appeal from St. Louis Court of Criminal Correction.— jEon. Hiram N. Moore, Judge! (1) The statute upon -which this prosecution is based is a criminal or penal statute and as such, under all the authorities, should be strictly construed. Black on Interpretation of Laws (1896 Ed.), pp. 286, 287, 292, 293; State v. Bryant, 90 Mo. 538; State v. Schuchmann, 133 Mo. 123; State v. Howard, 137 Mo. 296; State v. Butler, 178 Mo. 319; State v. Gritzner, 134 Mo. 527. (2) This statute, being a criminal or penal, one, should not be extended by implication to include anything not strictly within its terms.…
1Opinion of the CourtGantt, P. J.
This is an appeal from the St. Lonis Court of Criminal Correction.
The information charged a violation of the act of the General Assembly of this State approved March 21,1901 (Laws 1901, pp. 73 and 74), which makes “the emission or discharge into the open air of dense smoke within the corporate limits of cities of this State which now have or may hereafter have a population of one hundred thousand inhabitants, ’ ’ a public nuisance.
The act applies to the owners, lessees, occupants, managers or agents of any building, establishments or premises from which dense smoke is so emitted, and makes…
2Cases cited15 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Missouri v. LewisSupreme Court of the United States · 1880
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- People v. . HavnorNew York Court of Appeals · 1896
- Lawton v. . SteeleNew York Court of Appeals · 1890
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3Cited by18 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
- United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
- Verry v. TrenbeathNorth Dakota Supreme Court · 1967
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
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