577 P.2d 545
No. 77-28879-T, CA 10061Oregon Court of Appeals.Argued April 24, 1978.
Affirmed May 1, reconsideration denied June 7, petition for review denied July 6, 1978.
Appeal from the District Court, Jackson County, Robert Warren, Judge.
Bruce D. Smith, Ashland, argued the cause and filed the brief for appellant.
James C. Rhodes, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were James A. Redden, Attorney General, Al J. Laue, Solicitor General, and William F. Nessly, Jr., Assistant Attorney General, Salem.
Before Schwab, Chief Judge, and Lee, Richardson and Joseph, Judges.
PER CURIAM.
Affirmed. State v. Smith, 31 Or. App. 321, 570 P.2d 409 (1977) State v. Brown, 5 Or. App. 412, 485 P.2d 444 (1971).
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