State v. Dunnavant

Supreme Court of South Carolina

State v. Dunnavant

5 S.C.L. 9

DecidedDecember 15, 1811

StatusPublished

This text of 5 S.C.L. 9 (State v. Dunnavant) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Dunnavant, 5 S.C.L. 9 (S.C. 1811).

Pincite

Opinion

Brevard, J.

Penal laws are to be construed strictly ; and no man ought to be subjected to a penalty imposed by statute, by con? struction or implication, unless it should appear to result necessarily. In this case the construction appears to be a reasonable and necessary one, which would bring the offence charged within the statute. In the case of the King v. Cook, 1 Lea. Ca. 123, the only doubt was, whether a heifer was within the protection of the act. I have no doubt that the statute meant to protect mares. The word “ horses” may fairly be construed to include mares, as nomen gene-rallissimum.

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Brevard, J.

Penal laws are to be construed strictly ; and no man ought to be subjected to a penalty imposed by statute, by con? struction or implication, unless it should appear to result necessarily. In this case the construction appears to be a reasonable and necessary one, which would bring the offence charged within the statute. In the case of the King v. Cook, 1 Lea. Ca. 123, the only doubt was, whether a heifer was within the protection of the act. I have no doubt that the statute meant to protect mares. The word “ horses” may fairly be construed to include mares, as nomen gene-rallissimum.

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Bluebook (online)

5 S.C.L. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dunnavant-sc-1811.