
    Argued February 2,
    affirmed February 2, 1973
    STATE OF OREGON, Respondent, v. JERRY WAYNE SWEARINGEN (No. 19834), Appellant.
    
    505 P2d 358
    
      Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
    
      John W. Osburn, Solicitor General, Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Attorney General, Salem.
    Before Schwab, Chief Judge, and Langtry and Fort, Judges.
     