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MATTER OF GRAND JURY PROCEEDINGS, ETC.

No. MISC 4053; CA 12708.

597 P.2d 1290 (1979)

41 Or.App. 287

In the matter of the Grand Jury Proceedings of October 19, 1978. State of Oregon, Respondent, v. PETER APPLEGATE, Appellant.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

James Christian Sims, Ashland, argued the cause and filed the briefs for appellant.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., THORNTON and BUTTLER, JJ., and PETERSON, Judge Pro Tem.

BUTTLER, Judge.

Defendant appeals from an order finding him in contempt for failure to comply with a grand jury subpoena, and sentencing him to serve 30 days in the county jail, contending inter alia that the court erred in reviewing his grand jury testimony prior to imposing sentence. We agree and reverse.

On October 10, 1978, defendant, then a candidate for elective office, sent a letter to the grand jury...

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