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STATE v. PHELPS

545 P.2d 901 (1976)

STATE of Oregon, Appellant, v. Glenn Paul PHELPS, Respondent.

Court of Appeals of Oregon.

Decided February 9, 1976.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and James A. Hill, Jr., Asst. Atty. Gen., Salem.

Kenneth W. Saxon, Portland, argued the cause for respondent. With him on the brief was William F. Thomas, Portland.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

A grand jury indicted defendant for one count of perjury, ORS 162.065, and three counts of tampering with a witness, ORS 162.285, in connection with his prior defense of a charge of driving under the influence of intoxicating liquor. Defendant's original attorney in the DUIL case had been subpoenaed by the grand jury. Relying on a preliminary opinion by the Oregon State Bar Committee on Professional Responsibility,1

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