| United States. Congress. Senate. Committee on the District of Columbia - Judges - 1976 - 1114 pages
...a case is within the intention of a statute, its language must authorize us to say so. It would he dangerous, indeed, to carry the principle, that a case which is within the reason of mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the... | |
| Law reports, digests, etc - 1915 - 582 pages
...the Court to say so; but it is not admissible to carry the principle that a case which is within the mischief of a statute is within its provisions, so far as to punish a crime not specified in the statute, because it is of equal atrocity or of a kindred character with those which... | |
| Debran Rowland - History - 2004 - 834 pages
...be an offense of similar nature and gravity" but as Chief Justice [John] Marshall warned long ago[:] It would be dangerous, indeed, to carry the principle,...atrocity, or of kindred character, with those which are enumerated.733 In other words, the courts are not entitled to rewrite, misapply, or extend the California... | |
| Gene Healy - Law - 2004 - 200 pages
...citizen who honestly believed his conduct to be lawful. In 1820 Chief Justice John Marshall warned, "It would be dangerous, indeed, to carry the principle, that a case that is within the reason or mischief of a statute, is within its provisions, so far as to punish a... | |
| Jerome Hall - Criminal law - 2010 - 656 pages
...Wiltberger: "To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous, indeed, to carry...atrocity, or of kindred character, with those which are enumerated."44 As stated, this does not imply that the purpose or policy of a penal statute may be... | |
| Gustav Adolf Endlich - Judicial process - 2005 - 942 pages
...Court to say so ; but it is not admissible to carry the principle that a. case which is within the mischief of a statute is within its provisions, so far as to punish a crime not specified in the statute, because it is of equal atrocity or of a kindred character with those which... | |
| Iowa. Supreme Court - Law reports, digests, etc - 1905 - 960 pages
...suggest. To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous, indeed, to carry...kindred character with those which are enumerated. The rule thus announced by the great jurist has been the guide to the courts and text-writers ever... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1895 - 778 pages
...construction. ... To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous, indeed, to carry...provisions, so far as to punish a crime not enumerated in a statute, because it is of equal atrocity or of kindred character with those which are enumerated."... | |
| Missouri Bar Association - Bar associations - 1908 - 330 pages
...that penal laws are to be construed strictly is perhaps not much less old than construction itself. It would be dangerous indeed to carry the principle that a case which is within the reason and mischief of a statute is within its provisions so far as to punish a crime not enumerated in the... | |
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