
    Argued August 24,
    affirmed August 24, 1972
    STATE OF OREGON, Respondent, v. TOMMY HARRIS, Appellant.
    
    (No. 1052)
    500 P2d 276
    
      Ken C. Iladley, 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 Foley and Fort, Judges.
   Aeeirmed erom the bench.  