State v. Ferracini

Defendant appeals his conviction for promoting gambling in the second degree. ORS 167.122.1 We reverse.

From January 4 to 10,1989, Winden, a private detective working with the Albany Police Department, repeatedly went to the Fog Horn Tavern in Albany to investigate suspected illegal gambling activities. Defendant is a bartender at the tavern. On January 9, Winden played a Draw 80 Poker Machine at the tavern and won 40 free games. Defendant gave him a credit coupon for the free games. The next day, Winden asked defendant if he would give him money for the coupon. Defendant refused, saying that…