State v. Eckhardt
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Section 1856, R! S. 1899, is both criminal and highly penal, and in derogation of the common law; is to be strictly construed, construed stricti, if not strictissimi juris; is not to be extended by implication, to include other persons, places or things than those within both its letter and spirit. State v. Gritzner, 134 Mo. 527; State v. Bryant, 90 Mo. 537; State v. Sehuchmann, 133 Mo.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) Section 1856, R! S. 1899, is both criminal and highly penal, and in derogation of the common law; is to be strictly construed, construed stricti, if not strictissimi juris; is not to be extended by implication, to include other persons, places or things than those within both its letter and spirit. State v. Gritzner, 134 Mo. 527; State v. Bryant, 90 Mo. 537; State v. Sehuchmann, 133 Mo. Ill; State v. Krueger, 134 Mo. 262; State v. Butler, 178 Mo. 319'; Dooley v. Jackson, 104 Mo. App. 32; State v. Koonze, 123 Mo.…
1Opinion of the CourtBurgess, J.
Defendant and one Clara Shabulak were jointly indicted, charged with exposing, with intent wholly to abandon, a child under the age of six years, which child had been confided to them by a person or persons unknown. Defendant was thereafter duly arraigned, entered her plea of not guilty, and-, upon her motion, a severance was granted. The trial resulted in a verdict of guilty, her punishment being assessed at two years in the penitentiary. Her motions for new trial and in arrest of judgment having been overruled, defendant appealed from the judgment of conviction.
No bill of exceptions was…
2Cases cited5 opinions
- Shannon v. PeopleMichigan Supreme Court · 1858
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Southwest Missouri Light Co. v. ScheurichSupreme Court of Missouri · 1903
- Gabriel v. MullenSupreme Court of Missouri · 1892
- State v. BalchSupreme Court of Missouri · 1903
3Cited by19 opinions
- United States v. AmatoCourt of Appeals for the Second Circuit · 2008
- Donaghy v. StateSupreme Court of Delaware · 1917
- Parman ex rel. Parman v. LemmonSupreme Court of Kansas · 1925
- In Re DuganMissouri Court of Appeals · 1957
- State Ex Rel. Brown v. Board of Education of St. LouisSupreme Court of Missouri · 1922
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