Parnell v. State
Supreme Court of Arkansas
Appeal from Baxter Circuit) Court; John W. Meeks, Judge; 1. The breaking and entering a railway car with intent to commit a felony is not burglary. Compare Gantt’s Digest, § § 1346, 1347, 1348, 1349 and 1350 with'Kirby’s Digest, § § 1603 (being § 1346, supra, as amended in 1875), 1604, 1605, 1606 and 1607. Railway car is mentioned only in the declarative part of the statute, as amended above, and does not appear in the penal clauses of the act.
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Appeal from Baxter Circuit) Court; John W. Meeks, Judge; 1. The breaking and entering a railway car with intent to commit a felony is not burglary. Compare Gantt’s Digest, § § 1346, 1347, 1348, 1349 and 1350 with'Kirby’s Digest, § § 1603 (being § 1346, supra, as amended in 1875), 1604, 1605, 1606 and 1607. Railway car is mentioned only in the declarative part of the statute, as amended above, and does not appear in the penal clauses of the act. Being a penal statute, it must be strictly construed, and no case can be brought by construction within it unless completely within its words. 38 Ark.…
1Opinion of the CourtHill, C. J.
Parnell was convicted of the crime of burglary. The indictment charged that he had broken and entered a railway car with the felonious and burglarious intent to commit a felony, to-wit, the crime of grand larceny. It is contended that a railway -car is not the subject of burglary. The statute against burglary as first enacted was:
“Section i. Burglary is the unlawful entering a house, tenement or other building, boat, vessel or water craft, in the night time, with the intent to commit a felony; the manner of breaking or entering is not material, further than it may show the intent of the…
2Cases cited1 opinion
- Shotwell v. StateSupreme Court of Arkansas · 1884