Legal Opinion · Dissent

Cox v. United States

Supreme Court of Oklahoma

Decided July 30, 1897Published

Error from the District Court of Logan County. The defendant, R. S. Cox; was, at the February, 1896, term of the district court for Logan county, sitting with the powers and jurisdiction of a United States district court, convicted of the crime of perjury, and sentenced to imprisonment in the United States penitentiary at Leavenworth, Kansas, for a period of four years, and to pay a fine of one dollar.

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Error from the District Court of Logan County. The defendant, R. S. Cox; was, at the February, 1896, term of the district court for Logan county, sitting with the powers and jurisdiction of a United States district court, convicted of the crime of perjury, and sentenced to imprisonment in the United States penitentiary at Leavenworth, Kansas, for a period of four years, and to pay a fine of one dollar. Having moved unsuccessfully for a new trial and in arrest of judgment, he brings the case to this court by petition in error.

1Dissent

Dissenting opinion by

Keaton, J.:

As I cannot agree with my associates, either as to the reasoning expressed or the conclusion reached in the foregoing opinion, I feel that it is proper, if not in fact a duty, to state the grounds of my disagreement therefrom; and I here submit them as prepared by me for the original opinion in the case of Rhea v. United States, but which was not concurred in by any of the other justices; hence I attach same as my dissent in this case.

The application herein was made under a territorial statute which was based upon an act of congress. The congressional enactment…

2Cases cited43 opinions

  1. State v. KentNorth Dakota Supreme Court · 1895
  2. Burkett v. HolmanIndiana Supreme Court · 1885
  3. Freleigh v. StateSupreme Court of Missouri · 1844
  4. Krutz v. HowardIndiana Supreme Court · 1880
  5. German Insurance v. LandramCourt of Appeals of Kentucky · 1889

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