
    Argued October 29,
    affirmed October 29, 1971
    LOUIS EDWARD MINCE, Appellant, v. CUPP, Respondent.
    
    (No. 71148)
    489 P2d 982
    
      Ken C. Hadley, 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 were Lee Johnson, Attorney General, and Jim G. Bussell, Assistant Attorney General, Salem.
    Before Schwab, Chief Judge, and Foley and Thornton, Judges.
   Aeeirmed prom the bench.  