State v. Dowdy

I dissent. I acknowledge the rules of statutory construction cited in the majority opinion. However, I believe that, when § 570.040 is considered as a part of the Criminal Code, those rules are subordinate to other rules of construction which control the disposition of this case. Those controlling rules have received the following expressions.

“The primary rule of statutory construction in a situation such as this is to ascertain and give effect to the legislative intent. In doing so the entire legislative act must be considered and all provisions must be harmonized if reasonably possible.…