Legal Opinion

Daggett v. State

Supreme Court of Connecticut

Decided July 15, 1821PublishedCited by 33 opinions

IN ERROR. This was an information brought before the county court for New-Haven county, against Henry Daggett, Esq. for a violation of the statute "to secure the city of New-Haven from damage by fires."

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IN ERROR. This was an information brought before the county court for New-Haven county, against Henry Daggett, Esq. for a violation of the statute "to secure the city of New-Haven from damage by fires." (a) There were two counts: The first charged the defendant with having put up an addition to a shop previously built, and the second, with having erected a dwelling-house, each having therein a chimney and fire-place; which addition and dwelling-house were, in the outer walls thereof, composed entirely of wood. More than twenty years ago, the defendant erected, within the limits mentioned in…

1Opinion of the Court

Hosmer, Ch. J.

The rule has long been established, that penal statutes must be construed strictly. Reniger v. Fogossa, 1 Plowd. 17. Cone v. Bowles, 1 Salk. 205. 1 Bla. Comm. 88. More correctly it may be said, that such laws are to be expounded strictly against an offender, and liberally in his fa-vour. This can only be accomplished, by giving to them a literal construction, so far as they operate penally; or at most, by deducing the intention of the legislature from the words of the act. Heydon’s case, 3 Co. Rep. 7. The King v. Gage, 3 Mod. 64. In extension of the letter of the law, nothing…

2Cases cited1 opinion

  1. United States v. SheldonSupreme Court of the United States · 1817

3Cited by33 opinions

  1. State v. SkakelSupreme Court of Connecticut · 2006
  2. State v. SmithSupreme Court of Connecticut · 1984
  3. State v. ZazzaroSupreme Court of Connecticut · 1941
  4. McDade v. PeopleMichigan Supreme Court · 1874
  5. State v. FaroSupreme Court of Connecticut · 1934

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