Territory v. Evans
Idaho Supreme Court
APPEAL from District Court, Second District. Penal statutes must be construed strictly, and cannot be extended by implication, or beyond the legitimate import of the words used. (United States v. Gooding, 12 Wheat. 460; Paw-son v. State, 19 Conn. 299; Martin v. Hunter, 1 Wheat. 326; People v. Tisdale, 57 Cal. 104; Stuart v. Allen, 16 Cal. 473,. 76 Am.
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APPEAL from District Court, Second District. Penal statutes must be construed strictly, and cannot be extended by implication, or beyond the legitimate import of the words used. (United States v. Gooding, 12 Wheat. 460; Paw-son v. State, 19 Conn. 299; Martin v. Hunter, 1 Wheat. 326; People v. Tisdale, 57 Cal. 104; Stuart v. Allen, 16 Cal. 473,. 76 Am. Dec. 551; Hankins v. People, 106 Ill. 628; Pacific v. Seifert, 79 Mo. 210; Chase v. Railroad Co., 26 N. Y. 523.) Our legislative assembly may perhaps be able to entirely prohibit by statute the catching or transportation of fish, as a proper…
1Opinion of the CourtBeatty, C. J.
The appellant, Thomas Evans, was indicted with George Rae for a violation of section 7193 of the Revised Statutes of Idaho, which, as amended by act of the fifteenth legislative assembly, reads: “It is unlawful for any person in this territory to make any dam, or use any nets, seines, fish-traps, or any similar device or measures for catching fish, or to ship the same out of this territory for speculative purposes.” The appellant, Evans, alone, was tried upon this charge, and from the judgment rendered against him upon his conviction thereof he has appealed to this court. While the record…
2Cases cited3 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- In re BarberU.S. Circuit Court for the District of Minnesota · 1889
- Swift v. SutphinU.S. Circuit Court for the Northern District of Illnois · 1889
3Cited by6 opinions
- Ex parte FritzMississippi Supreme Court · 1905
- Organ v. StateSupreme Court of Arkansas · 1892
- State v. NergaardWisconsin Supreme Court · 1905
- State v. KofinesSupreme Court of Rhode Island · 1911
- Territory v. NelsonIdaho Supreme Court · 1890
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