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STATE v. O'MALLEY

248 Or. 601 (1968)

435 P.2d 812

STATE OF OREGON, Respondent, v. GERALD O'MALLEY, Appellant.

Supreme Court of Oregon.

Reversed and remanded December 29, 1967.

Petition for rehearing denied January 23, 1968.

Attorney(s) appearing for the Case

On the brief for appellant were McCarty & Rosacker, Portland.

On the brief for respondent was H. Clifford Looney, District Attorney, Vale.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

This is an appeal from a judgment of contempt for failure to appear while under subpoena as a witness in a criminal case. Contemnor was sentenced to pay a fine of $150 and to 15 days imprisonment.

On Wednesday, December 7, 1966, the contemnor was served in the City of Ontario in Malheur County with a subpoena out of the circuit court of that county requiring him to appear as a witness in Vale on Monday, December 12...

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