515 P.2d 1336
No. 72-4694Oregon Court of Appeals.Argued November 27, 1973
Affirmed December 3, 1973
Appeal from Circuit Court, Lane County.
EDWIN E. ALLEN, Judge.
J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and THORNTON and TANZER, Judges.
PER CURIAM.
AFFIRMED. State v. Franke, 13 Or. App. 278, 508 P.2d 454, Sup C review denied (1973).
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