
    Argued June 1,
    affirmed June 1,
    petition for rehearing denied June 22, petition for review denied September 6, 1972
    STATE OF OREGON, Respondent, v. HERBERT LEE BROWN, Appellant.
    
    (No. C-71-10-3166 Cr)
    497 P2d 198
    
      F. E. Qlenn, Deputy Public Defender, Salem, argued tbe cause for appellant. With bim 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 Thornton, Judges.
     