State v. Forrest

Citations

• 30 Tex. 503

Syllabus

<p>The9th section of the Penal Code reads as follows: “ This code, and every other law upon the subject of crime which may be enacted, shall be construed according to the plain import of the language in which it is written, without regard to the distinction usually made between the construction of penal laws and laws upon other subjects, and no person shall be punished for an offense which is not made penal by the plain import of the words of a law.” (Paschal’s Dig., Art. 1G11.) This changes the common law and requires every criminal law to be construed according to the plain import of its language.</p> <p>The 23d section of the road law reads as follows: “ If any overseer of a road shall fail, neglect, or refuse to perform the duties as prescribed by the act, or if he should not keep the road, bridges, and causeways within his precinct clear and in good order, or if he suffer them to remain uncleared or out of repair for twenty days at any one time, unless hindered -by high water or other sufficient cause, to be judged of by the court, such overseer shall be liable to indictment, and, on conviction thereof by the district court, shall be fined not less than ten, nor more than twenty-five dollars.” (Paschal’s Dig., Art. 5074, Note 1113.) It is sufficient to charge in the indictment that the defendant was overseer of a certain specific precinct of a certain designated public road in the county, and that he neglected to keep the road of which he was overseer in good repair, and suffered said road to remain out of repair for twenty days at one time.</p>