
    Argued December 18,
    affirmed December 18, 1972,
    petition for rehearing denied January 10, petition for review denied February 27, 1973
    STATE OF OREGON, Respondent, v. BRUCE SCOTT ERBS (No. 14-559), Appellant.
    
    504 P2d 139
    
      Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John II. 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 Foley, Judges.
     