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STATE v. ROOD

234 Or. 196 (1963)

380 P.2d 806

STATE OF OREGON v. ROOD

Supreme Court of Oregon.

Reversed April 24, 1963.

Attorney(s) appearing for the Case

On the brief for appellant were Dale T. Crabtree, Sam A. McKeen, and John R. Thomas, Klamath Falls.

No appearance for respondent.

REVERSED.

ROSSMAN, J.

A complaint filed in the District Court for Klamath County charged the defendant with the crime of selling a lottery ticket. The charge was made under ORS 167.410 which reads:

"Any person who sells, either for himself or another, or offers for sale, or has in his possession with intent to sell or offer for sale or exchange or negotiate, a ticket or share of a ticket in any lottery described...

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