State v. James Larkin State, ( No. 6286

CourtSupreme Court of West Virginia
Writing for the CourtLITZ, J.
Citation107 W.Va. 580
PartiesState v. James LarkinState v. Harry Simmons
Decision Date17 September 1929
Docket Number( No. 6286,( No. 6287)

107 W.Va. 580

State
v.
James Larkin
State
v.
Harry Simmons

(Nos. 6286, 6287)

Supreme Court of Appeals of West Virginia.

Submitted September 10, 1929.
Decided September 17, 1929.


[107 W.Va. 580]

1. Statutes Penal Statute Must be Strictly Construed.

It is a general rule that a penal statute will not be extended by construction, but must be limited to cases clearly within its language and spirit, (p. 582).

[107 W.Va. 581]

2. Automobiles One Operating Automobile Under Class H-3 License Cannot be Convicted of Receiving Passengers in Violation of Rights of Bus Line, Unless Passengers Were Received Along Regular Bus Route; Defendants Operating Automobile Under Class H-3 License and Receiving Passengers Within 200 Feet of Terminus of Bus Line, but Not Along Regular Route of Bus, Held Not Guilty of Unlawfully Receiving Passengers (Acts 1925, c. 17, § 82).

To convict one, operating an automobile under Class H-3 license, of receiving passengers in violation of the rights of another operating under a certificate of convenience over a regular route, it must appear that the passengers were received along (between the termini of) such route. (p. 582).

Error to Circuit Court, Raleigh County.

James Larkin and. Harry Simmons were each convicted of receiving passengers within 200 feet of building maintained as designated stop in operation of bus line over regular route, and they severally bring error.

Reversed and remanded,

Brown W. Payne, for plaintiffs in error.

Howard B. Lee, Attorney General, and W. Elliott Nefflin, Assistant Attorney General, for the State.

Litz, Judge:

The defendant in each of these cases was tried before a justice of the peace of Raleigh county on a warrant charging him, while operating an automobile for hire under a Class H-3 license, with receiving passengers within two hundred feet of a building at Lester, Raleigh county, maintained as a designated stop by D. S. Hill and J. E. Tolbert in the operation of a bus line over a regular route, in violation of section 82, chapter 17, Acts 1925, which provides: "All vehicles operating under the provisions of Class H-3, shall operate from a stand or stands and the road commission shall have power to grant a certificate to any applicant who operates from a stand or stands, and who...

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7 practice notes
  • State v. Cain, No. 17024
    • United States
    • Supreme Court of West Virginia
    • July 17, 1987
    ...will not be extended by construction, but must be limited to cases clearly within its language and spirit.' Syl. pt. , State v. Larkin, 107 W.Va. 580, 149 S.E. 667 We note that W.Va.Code, 61-11-19 [1943] does not explicitly prohibit a prosecuting attorney from filing an amendment or amendme......
  • State Ex Rel. Koontz v. Bd. Of Park Com'rs Of City Of Huntington, No. 9992.
    • United States
    • Supreme Court of West Virginia
    • April 27, 1948
    ...apply to the board of park commissioners and that the board is not within either the letter or the spirit of the act. State v. Larkin, 107 W.Va. 580, 149 S.E. 667; Clear Fork Coal Co. v. Anchor Coal Co., 105 W.Va, 570, 144 S.E. 409; Diddle v. Continental Casualty Co., 65 W.Va. 170, 63 S.E. ......
  • State v. Scott, No. 30692.
    • United States
    • Supreme Court of West Virginia
    • May 7, 2003
    ...not be extended by construction, but must be limited to cases clearly within its language and spirit." Syllabus Point 1, State v. Larkin, 107 W.Va. 580, 149 S.E. 667 With these standards in mind, we consider the parties' arguments. III. Discussion The parties dispute whether and how, under ......
  • State Ex Tel. C. H. Koontz As State Tax Comm'r v. The Bd. Of Park Comm'rs Of The City Of Huntington, (No. 9992)
    • United States
    • Supreme Court of West Virginia
    • April 27, 1948
    ...apply to the board of park commissioners and that the board is not within either the letter or the spirit of the act. State v. Larkin, 107 W. Va. 580, 149 S. E. 667; Clear Fork Coal Co. v. Anchor Coal Co., 105 W. Va. 570, 144 S. E. 409; Diddle v. Continental Casualty Co., 65 W. Va. 170, 63 ......
  • Request a trial to view additional results
7 cases
  • State v. Cain, No. 17024
    • United States
    • Supreme Court of West Virginia
    • July 17, 1987
    ...will not be extended by construction, but must be limited to cases clearly within its language and spirit.' Syl. pt. , State v. Larkin, 107 W.Va. 580, 149 S.E. 667 We note that W.Va.Code, 61-11-19 [1943] does not explicitly prohibit a prosecuting attorney from filing an amendment or amendme......
  • State Ex Rel. Koontz v. Bd. Of Park Com'rs Of City Of Huntington, No. 9992.
    • United States
    • Supreme Court of West Virginia
    • April 27, 1948
    ...apply to the board of park commissioners and that the board is not within either the letter or the spirit of the act. State v. Larkin, 107 W.Va. 580, 149 S.E. 667; Clear Fork Coal Co. v. Anchor Coal Co., 105 W.Va, 570, 144 S.E. 409; Diddle v. Continental Casualty Co., 65 W.Va. 170, 63 S.E. ......
  • State v. Scott, No. 30692.
    • United States
    • Supreme Court of West Virginia
    • May 7, 2003
    ...not be extended by construction, but must be limited to cases clearly within its language and spirit." Syllabus Point 1, State v. Larkin, 107 W.Va. 580, 149 S.E. 667 With these standards in mind, we consider the parties' arguments. III. Discussion The parties dispute whether and how, under ......
  • State Ex Tel. C. H. Koontz As State Tax Comm'r v. The Bd. Of Park Comm'rs Of The City Of Huntington, (No. 9992)
    • United States
    • Supreme Court of West Virginia
    • April 27, 1948
    ...apply to the board of park commissioners and that the board is not within either the letter or the spirit of the act. State v. Larkin, 107 W. Va. 580, 149 S. E. 667; Clear Fork Coal Co. v. Anchor Coal Co., 105 W. Va. 570, 144 S. E. 409; Diddle v. Continental Casualty Co., 65 W. Va. 170, 63 ......
  • Request a trial to view additional results

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