89 W. Va. 1 | W. Va. | 1921
At the March term, 1921, of the Criminal Court of Raleigh County, two indictments were returned against D. F. Work
Conceiving that the facts and allegations charged in these indictments did not constitute a felony under the statute, Workman petitioned for and obtained rules in prohibition against the judge of the criminal court to show cause why he should not be prohibited from proceeding to try the petitioner upon the indictments for felony. To the rule in prohibition the judge appeared by counsel, demurred to the petition filed and moved to quash the rule issued thereon because the facts alleged in the petition were not sufficient to warrant the writ as prayed for, and for answer says that as judge of the criminal court he has jurisdiction to try and determine the matters alleged in the indictments.
If the facts charged in these indictments do not constitute felony under the law, then the criminal court has no right
But does a commissioner of the county court fall within the designation of an executive officer of the State? Is he an officer of the State? Is he not an officer of the county? The statute under which the felony indictments are returned include executive or judicial officers of the State, using the same language and designating the same officers in the section of the Constitution which directed that such law be passed. These officers are placed in the same class as members of
In arriving at the intention of the legislature, these two Acts must be considered in pari materia, and effect given to each if there be any reasonable construction which will permit it. If every officer, either executive or judicial, who accepts a bribe is to be punished as for a felony, then the
Moreover, these statutes under consideration are penal, and it is a firmly settled rule that penal statutes must be strictly construed. ‘ ‘ They will not be construed to include anything beyond their letter even though within their spirit, and nothing can be added to them by inference or intendment. ’ ’ 25 R. C. L. p. 1081; see also Lewis Sutherland Stat. Construction (2nd ed.) Vol. II. secs. 337, 520-527. Every word and phrase must be given some significance and meaning; and the phrase “any executive or judicial officer of this State,” as found in sec. 5a (3) which inflicts punishment for a felony, is quite different from “any executive or judicial officer” as found in sec. 5, which inflicts the misdemeanor penalty. The phrase, “of this State” qualifies the preceding words, and is equivalent to State executive and judicial officers. This construction is impelled in view of the constitutional mandate and the preceding legislation.
Considering these sections together, we hold that the construction to be given to sec. 5a (3) makes it apply only to executive or judicial officers of the State, such as the gov
Writ of Prohibition awarded.