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Legal Opinion

State v. Johnston

Court of Appeals of Oregon

Decided April 12, 1982No. DA 207739-8102, CA A21880PublishedCited by 4 opinions

1Opinion of the Court

*851ROBERTS, J. Pro Tempore.

Defendant was convicted, on stipulated facts, of promoting gambling in the second degree, ORS 167.122, a Class A misdemeanor, for promoting bingo games conducted by Oregon Chapter No. 1 of Disabled American Veterans (DAV). Defendant was fined $350, of which $200 was suspended. He is a member of the DAV chapter and is its “club manager.” ORS 167.122 provides:

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

There is no allegation by the state that defendant profited from the…

2Cases cited2 opinions

  1. Perez v. State Farm Mutual Automobile InsuranceOregon Supreme Court · 1980
  2. State Ex Rel. Nilsen v. Oregon State Motor Ass'nOregon Supreme Court · 1967

3Cited by4 opinions

  1. Commonwealth v. Louisville Atlantis Community/Adapt, Inc.Court of Appeals of Kentucky · 1997
  2. Commonwealth v. Louisville Atlantis Community/Adapt, Inc.Court of Appeals of Kentucky · 1997
  3. State ex rel. McLeod v. CoatesCourt of Appeals of South Carolina · 1984
  4. State v. JohnstonCourt of Appeals of Oregon · 1982

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