Heno v. Fayetteville
Supreme Court of Arkansas
Appeal from Washington Circuit Court; I. S. Maples, Judge; Criminal and penal statutes must be strictly construed.' 6 Ark. 131; 13 Id. 405; 43 Id. 413; 59 Id. 341; 53 Id. 334; 56 Id. 45. A statutory authority must be strictly pursued. 28 Ark. 359; 31 Id. 494. A -penal statute should be strictly construed against defendant, but liberally in his favor. 40 Ark. 97. Municipal corporations must confine their legislation within the scope of the powers conferred upon them by their…
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Appeal from Washington Circuit Court; I. S. Maples, Judge; Criminal and penal statutes must be strictly construed.' 6 Ark. 131; 13 Id. 405; 43 Id. 413; 59 Id. 341; 53 Id. 334; 56 Id. 45. A statutory authority must be strictly pursued. 28 Ark. 359; 31 Id. 494. A -penal statute should be strictly construed against defendant, but liberally in his favor. 40 Ark. 97. Municipal corporations must confine their legislation within the scope of the powers conferred upon them by their charters. 27 Ark. 467.
1Opinion of the CourtHart, J.
Ed Heno was tried and convicted under ordinance No. 217 of the city of Fayetteville, Arkansas. The -ordinance is as follows:
“Ordinance No. 217.
“An ordinance to prohibit the selling or giving away of any alcoholic, malt, vinous, ardent or fermented liquors, including native wines, within' the corporate limits of the city of Fayetteville, Arkansas. *
“Be it ordained by the City Council of the City of Fayetteville; Arkansas:
“Section x. That it shall be unlawful for any person to sell, barter or give away, either for himself or another, or to procure or to purchase for another, any alcoholic,…
2Cases cited5 opinions
- Wilder v. StateSupreme Court of Arkansas · 1874
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Arkadelphia Lumber Co. v. ArkadelphiaSupreme Court of Arkansas · 1892
- Forehand v. StateSupreme Court of Arkansas · 1890
- Chicago, Rock Island & Pacific Railway Co. v. Perry CountySupreme Court of Arkansas · 1908
3Cited by4 opinions
- Hollis v. ErwinSupreme Court of Arkansas · 1964
- Van Dalsen v. InmanSupreme Court of Arkansas · 1964
- City of Malvern v. CooperSupreme Court of Arkansas · 1913
- Indemnity Insurance Co. of North America v. HarrisonSupreme Court of Arkansas · 1932