State v. Hiller

Defendant appeals from his conviction of promoting gambling in the second degree (ORS 167.122). He assigns as error the trial court’s denial of his motion for acquittal. The motion for acquittal was based on the contention that there was no evidence to support the finding of guilt.

ORS 167.122(1) provides that:

“A person commits the crime of promoting gambling in the second degree if he knowingly promotes or profits from unlawful gambling.”

ORS 167.117(9) provides that:

“ ‘Promotes gambling’ means that a person, acting other than as a player, engages in conduct that materially aids any form of…