
    Argued June 25,
    affirmed July 1,
    petition for rehearing denied July 27, petition for review denied September 21, 1971
    STATE OF OREGON, Respondent, v. JOHN HENRY MARKS, Appellant.
    
    486 P2d 581
    Bobert Thomas, Klamath Falls, for appellant.
    G. Eric Lonnquist, Special Assistant Attorney General, Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem, for respondent.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
   PEB CUBIAM.

Affirmed. State v. Gann, 254 Or 549, 463 P2d 570 (1969); State v. Planck, 3 Or App 331, 473 P2d 694, Sup Ct review denied (1970).  