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STATE v. JOHNSTON

No. DA 207739-8102; CA A21880.

643 P.2d 666 (1982)

56 Or.App. 849

STATE of Oregon, Respondent, v. George Curtiss JOHNSTON, Appellant.

Court of Appeals of Oregon.

Decided April 12, 1982.

Reconsideration Denied May 27, 1982.

Attorney(s) appearing for the Case

A. Michael Adler, Portland, argued the cause for appellant. With him on the brief was Des Connall, P.C., Portland.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

ROBERTS, Judge Pro Tem.

Defendant was convicted, on stipulated facts, of promoting gambling in the second degree, ORS 167.122, a Class A misdemeanor, for promoting bingo games conducted by Oregon Chapter No. 1 of Disabled American Veterans (DAV). Defendant was fined $350, of which $200 was suspended. He is a member of the DAV chapter and is its "club manager." ORS 167.122 provides:

"(1) A person commits the crime of promoting gambling in the second degree...

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