
    Argued January 29,
    affirmed January 29,
    petition for rehearing denied February 22, petition for review denied April 10, 1973
    STATE OF OREGON, Respondent, v. CHENCHO HERNANDEZ (No. 14-570), Appellant.
    
    505 P2d 359
    
      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 W. Oshurn, 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.
     