In re Brenner

It is an elementary rule of law that penal statutes must be construed strictly. (State v. Chapman, 33 Kan. 134, 5 Pac. 768.) Nothing may be added to them by inference or intendment. (Bagley Investment Co. v. Merrick, 122 Kan. 734, 735, 253 Pac. 562, and citations.) To say that a theft of merchandise from a baggage truck standing on the platform of a railway station is a larceny in a railway depot or station home seems erroneous in two aspects,, first, a baggage truck is neither a depot nor a station house; and second, the decision of the majority completely ignores the settled rule of this…