STATE EX REL. SPENCER v. HOWE


576 P.2d 4 (1978)

281 Or. 599

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

Supreme Court of Oregon, In Banc.

Decided March 21, 1978.


Attorney(s) appearing for the Case

David A. Hilgemann, Salem, argued the cause for petitioner. With him on the brief were Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., Al. J. Laue, Asst. Atty. Gen., and Glenda L. Green, Certified Law Student.


LINDE, Justice.

Defendant appeals a sentence for contempt imposed by the trial court for his refusal to testify when called as a witness for the prosecution in another case. The issues require description of the proceedings in some detail.

Defendant, who was in the custody of the Corrections Division on an earlier conviction, stated when he was called to the stand that he would not testify. After some urging by the court, he was persuaded to take the oath...

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