State v. Turner
Missouri Court of Appeals
Appeal from tbe Clarke County Circuit Court, Ben E. Turner, Judge. Statutes must be construed in reference to tbe subject matter, the objects which prompted and induced their enactment, and the mischief they were intended to remedy. JYeenan v. Smith, 50 Mo. 525; Spitler v. Young, 63 Mo. 42; The State v. Riveting, 66 Mo. 375. The rule which requires penal statutes to be construed strictly, merely restrains such construction as would increase the penalty.
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Appeal from tbe Clarke County Circuit Court, Ben E. Turner, Judge. Statutes must be construed in reference to tbe subject matter, the objects which prompted and induced their enactment, and the mischief they were intended to remedy. JYeenan v. Smith, 50 Mo. 525; Spitler v. Young, 63 Mo. 42; The State v. Riveting, 66 Mo. 375. The rule which requires penal statutes to be construed strictly, merely restrains such construction as would increase the penalty. Ellis v. Whitlock, 10 Mo. 781. As conclusive of this case and the construction to be placed on the statute under consideration, see case of…
1Opinion of the CourtRombauer, J.
The statute provides that, “If any person, or persons, shall wilfully and knowingly obstruct, any public road, by throwing or depositing osage orange, or other brush, trees, or bushes, in said road, or on the sides or ditches thereof, or by fencing across the same, or by planting •any hedge within the lines established by said road, or changing the location thereof otherwise than is provided for by this act, or shall obstruct said road ox highway in any other manner whatsoever, he, or they, shall each pay a line of not less than twenty dollars, to be recovered by indictment,” etc. Laws 1883,…
2Cases cited3 opinions
- Knox City v. ThompsonMissouri Court of Appeals · 1885
- State v. ApplingSupreme Court of Missouri · 1857
- State v. RoseSupreme Court of Missouri · 1862
3Cited by2 opinions
- Carson v. BaldwinSupreme Court of Missouri · 1940
- State v. CampbellMissouri Court of Appeals · 1899