492 P.2d 831
No. 73222Oregon Court of Appeals.Argued January 17, ____.
Affirmed January 17, 1972
Appeal from Circuit Court, Marion County, DOUGLAS L. HAY, Judge.
F. E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Gary D. Gortmaker, District Attorney, Salem, argued the cause and filed the brief for respondent.
Before SCHWAB, Chief Judge, and FOLEY and THORNTON, Judges.
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