State v. Joy

These are two appeals which have been consolidated by order of this court.

One of the two defendants-appellants, Charles George Joy, was indicted by the grand jury of Multnomah County for the crime of possessing and operating a nickel-in-the-slot machine in violation of OES 167.535. To the indictment he filed a demurrer which, referring to the indictment, recited: “The facts stated do not constitute a crime.” The demurrer was sustained.

The challenged indictment alleged that the defendant possessed and operated:

“* * * a nickel-in-the-slot machine, to-wit, one ‘Bally Variety’ pinball game, which…