
    Argued June 20,
    affirmed June 20,
    petition for rehearing denied July 25,
    petition for review denied September 26, 1972
    STATE OF OREGON, Respondent, v. RICHARD MICHAEL HOWARD, Appellant.
    
    (No. 40292)
    497 P2d 1216
    
      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 II. 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 Langtry and Foley, Judges.
   Aeeirmed erom the bench.  