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STATE OF OREGON v. HENNESSEY

195 Or. 355 (1952)

245 P.2d 875

STATE OF OREGON v. HENNESSEY

Supreme Court of Oregon.

Reversed June 18, 1952.

Attorney(s) appearing for the Case

James O. Goodwin, of Oregon City, argued the cause for appellant. With him on the brief was Glenn R. Jack, of Oregon City.

Walter J. Apley, Deputy District Attorney, of Oregon City, argued the cause for respondent. With him on the brief were George Neuner, Attorney General, of Salem, Leonard I. Lindas, District Attorney, and Winston L. Bradshaw, Deputy District Attorney, both of Oregon City.

REVERSED.

TOOZE, J.

On May 22, 1951, an indictment was returned by the grand jury of Clackamas county, charging defendant Joe Hennessey with the crime of conducting and carrying on a gambling game, in violation of the provisions of § 23-928, OCLA. Defendant entered a plea of not guilty in the circuit court for Clackamas county. Upon stipulation, the case was tried to the court without intervention of a jury. Defendant was convicted and sentenced to pay...

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