
    Argued May 29,
    affirmed May 29, 1973
    STATE OF OREGON, Respondent, v. RODGER CLIFFORD MARKS, Appellant.
    
    (No. 27418)
    509 P2d 1218
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      Thomas TI. Denney, 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 Fort and Thornton, Judges.
     