
    Argued October 26,
    affirmed October 26, 1972
    STATE OF OREGON, Respondent, v. DONNY RAY BROTHERTON, Appellant.
    (No. C 72-03-0961 Cr)
    501 P2d 1299
    
      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 H. 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 Langtry and Fort, Judges.
   Affirmed from the bench.  