In re Schneck

Citations

• 78 Kan. 207
• 96 P. 43
• 1908 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Repeal of a Statute — Penalty for a Crime — General Saving Clause. Where, upon the repeal and amendment of a section of the statute which prescribes a penalty for a crime, no saving clause is embodied in the amendment, the general saving clause in section 7342 of the General Statutes of 1901 applies.</p> <p>2. Words and Phrases — “Penalty Incurred.” The words “penalty incurred” in section 7342 of the General Statutes of 1901 are used in their primary and ordinary meaning, which is, a punishment brought upon one’s self, and therein are especially, if not solely, applicable to criminal cases.</p> <p>3. Criminal Law — Murder—Bail. A person charged with the crime of murder in the first degree, at a time when the statute prescribed the penalty of death for the offense, is not, where the proof is evident or the presumption great, entitled to bail, although the prosecution for the offense may have been commenced after the repeal of that penalty and the enactment of an amendment imposing the penalty of imprisonment for life.</p>