
    Argued October 24,
    affirmed October 24, 1972
    STATE OF OREGON, Respondent, v. FRANK EDWARD BAIRD, Appellant.
    
    (No. 72-643-C)
    501 P2d 1303
    
      Gary B. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
    
      Jolm W. Burgess, 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 Foley and Thornton, Judges.
   Aeeiemed brom the bench.  