
    Argued September .19,
    affirmed September 19,
    petition for rehearing denied October 11, petition for review denied November 8, 1972
    STATE OF OREGON, Respondent, v. WOODROW DAVID GAINES, Appellant.
    
    (No. 37909)
    500 P2d 1061
    
      Robert G. Gannon, Law Clerk, Salem, argued the cause for appellant. On the brief were Gary D. Babbock, Public Defender, and Ken C. Hadley, Deputy Public Defender, Salem.
    
      Brian R. Barnes, Deputy District Attorney, Rose-burg, argued tbe cause for respondent. With him on the brief was Doyle L. Schiffman, District Attorney, Roseburg.
    Before Schwab, Chief Judge, and Langtry and Fort, Judges.
   Affirmed from the bench.  