Beckham v. Nacke
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The statute upon which this action is based is a penal statute and must be strictly construed. (Allsup vs. Ross, 24 Mo., 284; Yaughn vs. McQueen, 9 Mo., 330.) II. Being a penal statute, the penalty cannot be inflicted unless the act is clearly within the letter and spirit of the statute. The intent is the essence of the offense. The will must concur with the act.
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Appeal from St. Louis Circuit Court. I. The statute upon which this action is based is a penal statute and must be strictly construed. (Allsup vs. Ross, 24 Mo., 284; Yaughn vs. McQueen, 9 Mo., 330.) II. Being a penal statute, the penalty cannot be inflicted unless the act is clearly within the letter and spirit of the statute. The intent is the essence of the offense. The will must concur with the act. Ignorance or mistake in point of fact is in all cases a sufficient excuse. (Pot. Dwar. Stat., 247; Duncan vs. State, 7 Humph., 148; Com. vs. Stout, 7 B. Mon., 247; Fletcher vs. Lord Sondes, 3…
1Opinion of the CourtAdams, Judge
This was a qui tam action brought by the plaintiff against the defendant, who was a justice of the peace, for the penalty imposed by statute for joining in marriage her minor son without her consent.
The plaintiff wa's a widow and had the sole care and custody of her son, as surviving parent. The son was nineteen years of age and had the appearance of being over twenty-one, and had induced the defendant to perform the ceremony, by falsely representing that he was of age.
First — The only material point presented by the record is, whether the defendant could justify himself by setting up as a…
2Cases cited3 opinions
- Donahue v. DoughertySupreme Court of Pennsylvania · 1835
- Medlock v. BrownSupreme Court of Missouri · 1836
- Vaughn v. McQueenSupreme Court of Missouri · 1845
3Cited by12 opinions
- People v. RobyMichigan Supreme Court · 1884
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- People v. SnowbergerMichigan Supreme Court · 1897
- United States v. HarmonDistrict Court, D. Kansas · 1891
- Leggatt v. PrideauxMontana Supreme Court · 1895
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