
    Argued March 30,
    affirmed April 2,
    petition fo-r rehearing denied April 24,
    petition for review denied June 19, 1973
    STATE OF OREGON, Respondent, v. MICHAEL WILLIAM TOBIN, Appellant.
    
    (No. 72-09-2726 Cr)
    507 P2d 1159
    - John-K. Hoover, -Deputy. Public Defender, Salem, argued-.the. cause for'appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.-
    
      John W. Clough, 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.
   PER CURIAM.

Affirmed. State v. Smith, 12 Or App 112, 504 P2d 1072, Sup Ct review denied (1973).  