
    Argued August 21,
    reversed October 12, 1972
    STATE OF OREGON, Respondent, v. ALAN JAMES FRASER, Appellant.
    
    (No. C-71-12-4048 Cr.)
    501 P2d 345
    
      Uoxoard R. Loxiergan, Portland, argued the cause and filed the briefs for appellant.
    
      Thomas II. Dexmey, 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 Thornton, Judges.
   PER CURIAM.

Reversed. Delgado v. United States, 327 F2d 641 (9th Cir 1964); State v. Weller, 263 Or 132, 501 P2d 794 (1972).  