State v. Cox

1919

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.