
    Argued June 20,
    affirmed June 20, 1972
    STATE OF OREGON, Respondent, v. THERELL TYRONE DAVIS, Appellant.
    
    (No. C-70-12-0984)
    498 P2d 390
    
      Ken C. Hadley, 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 Foley, Judges.
     