State v. Johns
Supreme Court of Missouri
Appeal from Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The crime charged is a statutory offense, and the guilt of the defendants depends solely upon the intent or purpose they had in view in stopping the train. Sec. 3588. (2) A penal statute is construed liberally as in favor of a defendant, and strictly as against him. And no person is to be made subject to such statutes by implication.
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Appeal from Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The crime charged is a statutory offense, and the guilt of the defendants depends solely upon the intent or purpose they had in view in stopping the train. Sec. 3588. (2) A penal statute is construed liberally as in favor of a defendant, and strictly as against him. And no person is to be made subject to such statutes by implication. State v. Bryant, 90 Mo. 534. (3) An indictment for enticing away a female under the age of eighteen years from her father, for the purpose of concubinage and prostitution, is not sustained by proof…
1Opinion of the CourtQ-antt, P. J.
At the September term, 1893, of the Macon circuit court defendants were indicted under section 3588, Revised Statutes of Missouri, 1889, which provides that “every person who shall willfully and maliciously place any obstruction by stones, logs or other things on the track of any railroad, or shall tear up or remove any portion of a railroad, or the works thereof, with intent to obstruct the passage of a car or cars thereon, or throw them off the track, shall, upon conviction, be imprisoned in the penitentiary not exceeding twenty years.” They were jointly tried and convicted at the same term…
2Cases cited1 opinion
- Clifton v. StateSupreme Court of Alabama · 1883
3Cited by2 opinions
- State v. GregorySupreme Court of Missouri · 1902
- Wichita & Western Railway Co. v. QuinnSupreme Court of Kansas · 1897