
    Argued May 21,
    affirmed May 21,
    petition for rehearing denied June 14,
    petition for review denied September 5, 1973
    STATE OF OREGON, Respondent, v. MICHAEL DENNIS FERGUSON, Appellant.
    
    (No. C 72-08-2671)
    509 P2d 1220
    
      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 II. Clough, 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 Foley, Judges.
     