State v. Southern Express Co.
State v. Southern Express Co.
Opinion of the Court
The opinion of the Court was delivered by
This case was heard along with the cases of State v. Mappus, 107 S. C. —, 92 S. E. 1053, and State v. Barton, 107 S. C. —, 92 S. E. 1055. The discussion of the constitutional questions need not be repeated here.
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Section 7 provides: “Any person violating any of the provisions of this act shall be subject to a fine of not less than one hundred dollars, or imprisonment for not less than three months, or both, in the discretion of the Court.”
Criminal statutes must be strictly construed. The act itself uses the words, “persons, firms, corporations or company.” So the legislature had the difference between persons, firms, corporations and companies in mind, and, mindful of the difference, has seen fit to punish the person, and not the firms, corporations or companies. For this reason the indictment should have been quashed, and the judgment as to the defendant corporation is reversed.
Footnote. — The word “Person” as including private corporations, see notes in 31 A. & E. Ann. Cas. 1914a, 1308.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.