In re Wisner
Montana Supreme Court
Original Application by G-. S. E. Wisner for writ of habeas corpus. The criminal statutes cannot be extended to a case within the reason and mischief of the statutes, unless it is also both within the letter and the manifest intention thereof. (Lewis’ Sutherland on Statutory Construction, secs. 521, 524; Bishop on Statutory Crimes, 3d ed., sec. 194; Ex parte Kohler, 74 Cal. 44, 15 Pac. 436; People v. Tisdale, 57 Cal. 106; The Schooner Enterprise, 1 Paine, 32, Fed. Cas.
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Original Application by G-. S. E. Wisner for writ of habeas corpus. The criminal statutes cannot be extended to a case within the reason and mischief of the statutes, unless it is also both within the letter and the manifest intention thereof. (Lewis’ Sutherland on Statutory Construction, secs. 521, 524; Bishop on Statutory Crimes, 3d ed., sec. 194; Ex parte Kohler, 74 Cal. 44, 15 Pac. 436; People v. Tisdale, 57 Cal. 106; The Schooner Enterprise, 1 Paine, 32, Fed. Cas. No. 4499; Ex parte McNulty, 77 Cal. 168, 11 Am. St. Rep. 257, 19 Pac. 237; State v. Walsh, 43 Minn. 444, 45 N. W. 721; Ex…
1Opinion of the CourtJustice Smith
Chapter XI, Title XIII, Penal Code of this state, bears the following chapter heading, so called: “Fraudulent Insolvencies by Corporations, and Other Frauds in Their Management.” Section 986 of that chapter reads as foEows: “Every officer, agent, teller or clerk of any bank, and every individual banker, teller or clerk of any individual banker, who receives any deposits, knowing that such bank or association or banker is insolvent, is guilty of a felony.” The section heading, so called referring to section 986, is: “Beceiving Deposits in Insolvent Banks.”
The county attorney of Deer Lodge…
2Cases cited24 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Perkins v. . SmithNew York Court of Appeals · 1889
- Cook v. StateIndiana Court of Appeals · 1901
- State v. Cudahy Packing Co.Montana Supreme Court · 1905
- Bragg v. StateSupreme Court of Alabama · 1901
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BowkerMontana Supreme Court · 1922
- Lerch v. Missoula Brick & Tile Co.Montana Supreme Court · 1912
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- McLaughlin v. BardsenMontana Supreme Court · 1915
- State ex rel. Bullard v. JonesArizona Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.