
    Argued May 16,
    affirmed May 16, 1972
    STATE OF OREGON, Respondent, v. JAMES E. TEMPLE, Appellant.
    
    (No. 5074)
    496 P2d 930
    
      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 E. 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 Langtry, Presiding Judge, and Foley and Port, Judges.
     