
    Argued May 29,
    affirmed May 29, 1973
    STATE OF OREGON, Respondent, v. WILLIAM L. SPIVEY, Appellant.
    
    (No. 1014)
    509 P2d 1226
    
      Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
    
      John W. Burgess, 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 Port and Thornton, Judges.
     