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STATE EX REL. SPENCER v. HOWE

566 P.2d 190 (1977)

30 Or.App. 25

STATE of Oregon ex rel. Judge Douglas R. Spencer, Circuit Judge, Respondent, v. Max Raymond HOWE, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1977.

Attorney(s) appearing for the Case

Diana I. Stuart, Certified Law Student, Salem, argued the cause for appellant. On the brief were Schlegel, Milbank, Wheeler, Jarman & Hilgemann and David A. Hilgemann, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Asst. Atty. Gen., Salem.

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

LEE, Judge.

Defendant appeals from an order finding him in direct contempt of the Lane County Circuit Court, and sentencing him to a six-month term of incarceration, based upon his refusal to "answer as a witness."1 Entered summarily, the order is challenged both on the grounds that defendant was denied his right to "due process" and that the sanction imposed was in excess of that authorized by statute.

Convicted of the crime of...

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