
    Argued January 30,
    affirmed January 30, 1973
    STATE OF OREGON, Respondent, v. EUGENE L. HUGHES (No. C 71-12-3904 Cr), Appellant.
    
    505 P2d 351
    
      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. Osburn, Solicitor General, Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Attorney General, Salem.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
     