Court: |
OR Supreme Court |
|
Facts: |
Cox was a porter during OR's period of state prohibition.
He got caught carrying a suitcase full of booze, and
the letter of the law suggests that he "possessed" it
at that time. |
|
Posture: |
Appeal from trial |
|
Issue: |
Did Cox possess intoxicating liquor. |
|
Holding: |
Not as a matter of law: it's for a jury to determine whether
or not he was up to something. |
|
Rule: |
The Rule of Reason: the purpose of the statute is not to
expose people to liability for carrying things they know
nothing about. |
|
Reasoning: |
All laws should receive sensible construction. |
|
Dicta: |
Dissent: Respect the statute-- knowledge of what you're
carrying isn't an element of the crime. The legislature
could have made it one, had it cared to. |