State v. Oregon City Elks Lodge No. 1189

Defendant was convicted of possession of gambling devices, ORS 167.147, and promoting gambling in the second degree, ORS 167.122, and was fined a total of $750. The events leading to the convictions arose from a “Charity Fun-D Nite” held by the Oregon City Elks Lodge No. 1189 on the evening of December 2, 1972, at its lodge building.

Defendant first contends that the indictment should have been set aside because it was found by a grand jury other than the grand jury which originally began the investigation. The record discloses that after the regular grand jury had begun investigating…