506 P.2d 733

STATE OF OREGON, Respondent, v. JEFFREY EDWARD FITZGERALD, Appellant.

No. 28922Oregon Court of Appeals.Argued February 27, 1973
Affirmed February 27, 1973 Petition for rehearing denied March 22, 1973 Petition for review allowed May 30, 1973

Appeal from Circuit Court, Yamhill County.

KURT C. ROSSMAN, Judge.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY and THORNTON, Judges.

AFFIRMED FROM THE BENCH.

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