
    Submitted on briefs June 26,
    affirmed July 3, 1972
    ROGER ALLEN BROOKS, Appellant, v. CUPP, Respondent.
    
    498 P2d 388
    Gary D. Babcock, Public Defender, and Ken C. Hadley, Deputy Public Defender, Salem, for appellant.
    Lee Johnson, Attorney General, John W. Osburn, Solicitor General, and John H. Clough, Assistant Attorney General, Salem, for respondent.
    Before Schwab, Chief Judge, and Port and Thornton, Judges.
   PER CURIAM.

Affirmed. Ferren v. Cupp, 7 Or App 353, 490 P2d 208, Sup Ct review denied (1971).  