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STATE v. KATZBERG

247 Or. 296 (1967)

428 P.2d 170

STATE OF OREGON, Appellant, v. LOIS RAE KATZBERG, Respondent.

Supreme Court of Oregon.

Reversed May 24, 1967.

Petition for rehearing denied June 20, 1967.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for appellant. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Francis E. Harrington, Portland, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED.

DENECKE, J.

Defendant was convicted of operating a coin-operated device which was a game of chance. The trial court granted defendant's motion for arrest of judgment. The state appeals.

1. A motion for arrest of judgment tests whether the indictment states facts constituting a crime. ORS 136.810, 135.630. State v. Foster, 229 Or. 293, 366 P.2d 896 (1961).

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