English v. State

Leavitt, J.,

with whom Rose, C. J., and Young, J., join, dissenting:

As early as 1896 this court held that a penal statute “requires a strict construction when against a citizen, but a liberal one in his favor.” State v. Wheeler, 23 Nev. 143, 152, 44 P. 430, 431-32 (1896). The proposition was reaffirmed recently when we stated “this court will narrowly construe penal statutes where they are ambiguous.” Buschauer v. State, 106 Nev. 890, 896, 804 P.2d 1046, 1049 (1990) (citing Carter v. State, 98 Nev. 331, 334-35, 647 P.2d 374, 376 (1982)). See also Bradvica v. State, 104 Nev. 475, 478, 760 P.2d…