People ex rel. Jacques v. Sheriff of Kings County

Thomas, J.

The relator is a mere ticket-taker. He is not shown to have any duty that would bring him into any class named in the statute nor is he shown to have done any act that would bring him under the statute by virtue of section 29 of the Penal Code. It is one of the first rules of 'interpretation of penal statutes that the persons or class of persons included therein should not be enlarged by construction. The relator should be and is discharged.

Relator discharged.