
    Argued January 17,
    affirmed January 17, 1972
    STATE OF OREGON, Respondent, v. RICKY DWAYNE DAVIS, Appellant.
    
    (No. C-70-10-0150 Cr)
    492 P2d 829
    
      James T. Marquoit, Portland, argued the cause for appellant. With him on the brief were Maizels & Mar-quoit, Portland.
    
      Joseph F. Ceniceros, 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 Foley and Thornton, Judges.
   Affirmed from the bench.  