
    Argued June 25,
    affirmed June 25, 1971
    STATE OF OREGON, Respondent, v. JAMES CALVIN ROSS, Appellant.
    
    485 P2d 1248
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John L. Snyder, District Attorney, Dallas, argued the cause and filed the brief for respondent.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
   Aieirmed prom the bench.  