
    Argued May 17,
    affirmed May 17, 1971
    STATE OF OREGON, Appellant, v. JOHN STEWART VANDENOVER, Respondent.
    
    (Case No. 35427)
    484 P2d 1130
    
      James C. Farrell, Deputy District Attorney, Rose-burg, argued the cause for appellant. With him on the brief was Doyle L. Schiffman, District Attorney, Rose-burg.
    
      Randolph Slocum, Roseburg, argued the cause and filed the brief for respondent.
    Before Schwab, Chief Judge, and Langtry and Foley, Judges.
   Aeeirmed erom the bench.  