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STATE v. O'MALLEY

469 P.2d 36 (1970)

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

Supreme Court of Oregon.

Decided May 13, 1970.

Attorney(s) appearing for the Case

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

Before McALLISTER, P.J., and SLOAN, O'CONNELL, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

Argued and submitted at Pendleton, May 4, 1970.

McALLISTER, Justice.

This is our second consideration of the predicament of Gerald O'Malley, who was served with two subpoenas requiring his attendance as a witness on the same day, at substantially the same time, in cities 90 miles apart. He obeyed the subpoena which was served first, and was found in contempt by the Circuit Court of Malheur County, from which the second subpoena had issued. He appealed that...

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