Porter & Co. v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. Tbe indictment in tbis case charged that tbe appellants, Porter, and Jonathan and Millard Nirkbride, merchants, trading under tbe firm name and style of Ira W. Porter & Co., “ carried on tbe business of dealers in pistols, bowie knives and dirk knives,” at a certain place in tbe city of Mobile, without license and contrary to law, against tbe peace, &c.
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Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. Tbe indictment in tbis case charged that tbe appellants, Porter, and Jonathan and Millard Nirkbride, merchants, trading under tbe firm name and style of Ira W. Porter & Co., “ carried on tbe business of dealers in pistols, bowie knives and dirk knives,” at a certain place in tbe city of Mobile, without license and contrary to law, against tbe peace, &c. Tbe defendants pleaded not guilty, and a trial was bad on an agreed statement of facts as follows : “ Defendants are wholesale hardware merchants, carrying on business in tbe city…
1Opinion of the CourtBrjckell, C. J.
It is true that it is often said, penal laws, and revenue laws, must be strictly construed; but the rule, rightly understood, does not compel an adherence to the mere letter, or to the strict grammatical construction of sentences, defeating the plain legislative intention. What may be the grammatical construction of the clause of the revenue law under which the indictment is found, we do not propose to discuss. Yerbal and grammatical criticisms, afford but little aid in the construction of statutes, or of any written instrument; and their application generally would *68defeat, rather than…
2Cases cited2 opinions
- Mooney v. StateSupreme Court of Alabama · 1845
- McElhaney v. StateSupreme Court of Alabama · 1854
3Cited by28 opinions
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- McCurry v. GibsonSupreme Court of Alabama · 1895
- House v. Cullman CountySupreme Court of Alabama · 1992
- Medlin v. CrosbySupreme Court of Alabama · 1991
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