United States v. Schlemmer

Citations

• 3 D. Haw. 546

Syllabus

<p>Penal laws — Construction of: While full effect must be given to the language found in a penal statute, the intention of Congress is to be found in the language actually used interpreted according to its fair and obvious meaning.</p> <p>Same — Bird reservations: The rule of strict construction applicable to penal statutes prevents the construing of section 84 of the criminal code as including a grant of power to the President to set apart breeding grounds for birds.</p> <p>Indictment — Sufficiency of: An indictment charging the hunting, etc., of birds, the spieeies whereof are unknown, does not state an offense under section 84 of the criminal code where a reservation has been made for a preserve and breeding ground for native birds only.</p> <p>Same — Negativing exceptions: An indictment under section 84 of the criminal code should allege that tho acts done were not done under rules and regulations prescribed by the Secretary of Agriculture.</p>