STATE v. MOOSE CLUB NO. 1234

No. 1485.

25 Ohio App. 3d 18 (1985)

THE STATE OF OHIO, APPELLEE, v. MOOSE CLUB NO. 1234, APPELLANT.

Court of Appeals of Ohio, Portage County.

Decided May 24, 1985.


Attorney(s) appearing for the Case

John J. Plough, prosecuting attorney, and George G. Keith, for appellee.

Douglas J. Sendry, for appellant.


COOK, J.

On September 26, 1983, appellant, Moose Club No. 1234, was charged with gambling (R.C. 2915.02[A][2]) and operating a gambling house (R.C. 2915.03[A][1] and [2]). Prior to trial, appellant moved to dismiss the charges on the grounds the statutes are unconstitutional. The motion was overruled.

At trial, the evidence was to the effect that an agent of the Ohio Department of Liquor Control, working undercover, entered appellant's premises and played...

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