State v. O'Malley

McAllister, j.

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 judgment to this court, and we reversed and remanded in State v. O’Malley, 248 Or 601, 435 P2d 812 (1968). The court was divided on that occasion, the majority holding that a judgment of…