State v. Baskowitz
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.-Hon. Galvin N. Miller, Judge. (1) What a statute will imply is as much a part of a legislative enactment as though set forth in terms, and when a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others. 2 Sutherland’s Stat. Construction (2 Ed.), sec. 500; State'v. Thomas, 138 Mo. 95; State ex rel. v. Buchanan County, 108 Mo. 235; State v. Dinnisse, 109 Mo. 434;…
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Appeal from St. Louis Court of Criminal Correction.-Hon. Galvin N. Miller, Judge. (1) What a statute will imply is as much a part of a legislative enactment as though set forth in terms, and when a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others. 2 Sutherland’s Stat. Construction (2 Ed.), sec. 500; State'v. Thomas, 138 Mo. 95; State ex rel. v. Buchanan County, 108 Mo. 235; State v. Dinnisse, 109 Mo. 434; Lippman v. People, 175 111. 101. (2) The appellant’s motion to quash should have been sustained and the appellant…
1Opinion of the CourtFaris, J.
Defendant, convicted of a misdemeanor and fined in the St. Louis Court of Criminal Correction, for that, as it was charged, he had violated the provisions of section 4831, Revised Statutes 1909, appeals to this court, challenging the constitutional validity of sections 4831 and 4832, Revised Statutes 1909. His attack is bottomed on the broad charge that these sections, which came into our statutes in 1885, through an act entitled, “An act to protect the property of manufacturers, bottlers, and dealers in mineral waters, soda water and other beverages, from the loss of their siphons, bottles…
2Cases cited13 opinions
- Barbier v. ConnollySupreme Court of the United States · 1885
- People v. . CannonNew York Court of Appeals · 1893
- State v. JulowSupreme Court of Missouri · 1895
- State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
- People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
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3Cited by19 opinions
- Pacific Coast Dairy v. Police CourtCalifornia Supreme Court · 1932
- State v. MucieSupreme Court of Missouri · 1970
- City of St. Louis v. BaskowitzSupreme Court of Missouri · 1918
- Joyner v. Centre Motor Co.Supreme Court of Virginia · 1951
- State v. WiggamIndiana Supreme Court · 1918
14 more not listed; retrieve them via the Exa API.