People ex rel. Jacques v. Sheriff of Kings County

New York Supreme Court

People ex rel. Jacques v. Sheriff of Kings County

54 Misc. 8, 105 N.Y.S. 387

DecidedApril 15, 1907

StatusPublished

This text of 54 Misc. 8 (People ex rel. Jacques v. Sheriff of Kings County) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Jacques v. Sheriff of Kings County, 54 Misc. 8, 105 N.Y.S. 387 (N.Y. Super. Ct. 1907).

Pincite

Opinion

Thomas, J.

The relator is a mere ticket-taker. He is not shown to have any duty that would bring him into any class named in the statute nor is he shown to have done any act that would bring him under the statute by virtue of section 29 of the Penal Code. It is one of the first rules of 'interpretation of penal statutes that the persons or class of persons included therein should not be enlarged by construction. The relator should be and is discharged.

Relator discharged.

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Thomas, J.

The relator is a mere ticket-taker. He is not shown to have any duty that would bring him into any class named in the statute nor is he shown to have done any act that would bring him under the statute by virtue of section 29 of the Penal Code. It is one of the first rules of 'interpretation of penal statutes that the persons or class of persons included therein should not be enlarged by construction. The relator should be and is discharged.

Relator discharged.

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Bluebook (online)

54 Misc. 8, 105 N.Y.S. 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-jacques-v-sheriff-of-kings-county-nysupct-1907.