
    Argued July 25,
    affirmed July 25, 1973
    STATE OF OREGON, Respondent, v. DAVID RODNEY MOORE, Appellant.
    
    (No. C 72-11-3455 Cr)
    511 P2d 1264
    
      John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John H. 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 Thornton, Judges.
   Aeeirmed erom the bench.  