
    Argued February 2,
    affirmed February 2, 1973
    CARL VICTOR YESMONT, Appellant, v. CUPP (No. 76033), Respondent.
    
    505 P2d 352
    ' J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      .Thomas II. Denney, 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 Fort, Judges.
     