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STATE v. LANGAN

SC 28236; CA 19567; TC 10-80-00383.

652 P.2d 800 (1982)

293 Or. 654

STATE of Oregon, Respondent On Review, v. John LANGAN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided October 26, 1982.

Reconsideration Denied November 23, 1982.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed brief for petitioner on review.

James E. Mountain, Jr., Salem, argued the cause for respondent on review. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen. and Rudolph S. Westerband, Asst. Atty. Gen., Salem.

LENT, Chief Justice.

Defendant was convicted of two misdemeanors: Count I, promoting gambling, and Count II, possession of a gambling device, because he gave patrons cash in lieu of "free play" won on electric game machines installed in his tavern. His main contentions on appeal were that the machines were not "gambling devices" within the meaning of the governing statutes and that the court misconstrued the element of knowledge required for guilt of promoting gambling...

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