 | United States. Supreme Court - 1944 - 926 pages
...old. It is a modification of the ancient maxim, and amounts to this, that though penal laws are to be construed strictly, they are not to be construed so...words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the legislature has obviously... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1959 - 764 pages
...Krichman v. United States, 256 US 363. We are mindful, of course, that, "though penal laws are to be construed strictly, they are not to be construed so...defeat the obvious intention of the legislature." United States v. WUtberger, supra, at 95. As Mr. Justice Holmes put it, "We" agree to all the generalities... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1975 - 1124 pages
...Marcus v. Hess, 317 US 537, 542 (1943). Although penal laws are to be construed strictly, they "ought" not to be construed so strictly as to defeat the obvious intention of the legislature." Amerwin Fur Co. v. United States, 2 Pet. 358, 367 (1829); United States V. Wiltberger, supra; United... | |
 | United States. Supreme Court - 1820 - 662 pages
...old. It is a modification of the ancient maxim, and amounts to this, that though penal laws are to be construed strictly, they are not to be construed so...words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the legislature has obviously... | |
 | United States. Supreme Court, Richard Peters - 1829 - 758 pages
...words of the act require it. Even penal laws, which, it is said, should be strictly construed, ought not to be construed so strictly as to defeat the obvious intention of the legislature. This was laid down as a rule by this Court, in the case of the United States vs. Wiltberger, 5 Wheat.... | |
 | Samuel Owen - 1845 - 434 pages
...by the report, that while it was true that penal statutes were to be construed strictly, they were " not to be construed so strictly as to defeat the obvious intention of the legislature, when that intention can be collected from the words used in the act." This position, in its just sense,... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...Chief Justice Marshall, delivering the opinion of the court, says, " that although penal laws are to be construed strictly, they are not to be construed so...words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the legislature has obviously... | |
 | E. Fitch Smith - 1848 - 1004 pages
...construed strictly, should also be observed, which is, that while they are to be strictly construed, yet they are not to be construed so strictly as to defeat the obvious intention of the legislature, and the words are not to be so narrowed down as to exclude cases which those words, in their ordinary... | |
 | Samuel Owen - 1849 - 404 pages
...legislature, not the court, which is to define a crime, and ordain its punishment." And again, "this maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases, which those words in their ordinary acceptation, or in that sense in which the legislature has obviously... | |
 | Herbert Broom - 1852 - 616 pages
...the power of punishment is vested in the legislative, and not in the judicial department, must not be so applied as to narrow the words of the statute to the exclusion of cases which those words in their ordinary acceptation, or in that sense in which the legislature has obviously... | |
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construed strictly, they are not to be construed so strictly as " to defeat the obvious intention of the legislature. The maxim " is not to be so applied as to narrow the words of the statute to " the exclusion of cases which these words in their ordinary... 
