What is the test for establishing that the language of a penal statute is reasonably susceptible to two constructions?

California, United States of America


The following excerpt is from People v. Womack, 167 Cal.App.2d 130, 334 P.2d 309, 72 A.L.R.2d 703 (Cal. App. 1959):

Defendant seeks to invoke the rule that where the language of a penal statute is reasonably susceptible of two constructions that construction which is more favorable to the accused will ordinarily be adopted. People v. Valentine, 28 Cal.2d 121, 169 P.2d 1.

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