
    Argued February 27,
    affirmed February 27, 1973
    STATE OF OREGON, Respondent, v. KENNETH LEE ORR (No. C 72-03-0970 Cr), Appellant.
    
    506 P2d 728
    
      John K. Hoover, Deputy Public Defender, Salem, argued thé cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John H. 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. •
     