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STATE v. O'MALLEY

461 P.2d 832 (1969)

STATE of Oregon, Respondent, v. Gerald O'MALLEY, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1969.

Review Granted January 20, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the briefs for appellant.

F. LaGard Smith, Deputy Dist. Atty., Vale, argued the cause for respondent. With him on the brief was H. Clifford Looney, Dist. Atty., Vale.

Argued and Submitted at Pendleton October 28, 1969.

LANGTRY, Judge.

This is an appeal from a finding of contempt against defendant for failure to comply with a subpoena to appear as a witness in a gambling case in Malheur County. ORS 33.010(1)(j). He had also been subpoenaed previously to appear as a witness at the same time in Baker County and obeyed that subpoena. A previous conviction for the same alleged contempt was reversed by the Oregon Supreme Court...

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