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STATE v. CANNON

521 P.2d 1326 (1974)

STATE of Oregon, Appellant, v. Tom CANNON, Respondent. State of Oregon, Appellant, v. MICHAEL RICHARD CLARK, Respondent. State of Oregon, Appellant, v. NETTIE ISABELLE CLARK, Respondent. State of Oregon, Appellant, v. Robert Walter Green, Respondent. State of Oregon, Appellant, v. NORMAN EDWARD DONNELLY, Respondent.

Court of Appeals of Oregon.

Decided May 13, 1974.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant.

With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Ronald D. Thom, Oregon City, argued the cause for respondents. With him on the brief was Jon S. Henricksen, Oregon City.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

The defendants were indicted for promoting gambling in the second degree.1 Prior to the trial they demurred to the indictments on the ground the indictments failed to state facts sufficient to state a crime.2 The court did not rule on the demurrers at that time. A jury trial was held, and verdicts of guilty were returned. At a later hearing, following further arguments on the demurrers, the court...

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