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STATE v. OR. CITY ELKS LODGE NO 1189, BPO ELKS

520 P.2d 900 (1974)

STATE of Oregon, Respondent, v. OREGON CITY ELKS LODGE NO. 1189, Bpo Elks, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided April 8, 1974.

Attorney(s) appearing for the Case

Phil H. Ringle, Jr., Gladstone, and Ronald D. Thom, Oregon City, argued the cause for appellant. With them on the briefs was Leo Levenson, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

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...

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